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HomeMy WebLinkAbout5096-02/27/2012Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5096 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 3, ELECTRICAL REGULATIONS OF TITLE 9, BUILDING REGULATIONS, IN THEIR ENTIRETY; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 3, ELECTRICAL REGULATIONS OF TITLE 9, BUILDING REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Chapter 3, Electrical Regulations of Title 9, Building Regulations, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, are hereby repealed in their entirety; that a new Chapter 3, Electrical Regulations of Title 9, Building Regulations, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, are hereby enacted in lieu thereof as follows: CHAPTER 3. ELECTRICAL CODE ARTICLE 1. ELECTRICAL REGULATIONS, GENERALLY SEC. 9-3-1. TITLE. This ordinance shall be known as the Waterloo Electrical Code, may be so cited and may be referred to hereinafter as the "Code". SEC. 9-3-2. PURPOSE AND SCOPE. It is the purpose of this ordinance to adopt an electrical code by reference, including provisions for the inspection and regulation of electrical installation, issuance of permits, the collection of fees, and to provide penalties for violations of this ordinance in order to protect the public health, safety and welfare. The provisions of this code shall apply to and govern all uses, installations, alterations, repairs, removals, renewals, replacements, connections, disconnections, and maintenance of all electrical equipment within the City of Waterloo, Iowa. SEC. 9-3-3. DEFINITIONS. The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Appeal board means the board created in section 11-31. (b) Approved by the electrical inspector means found by the inspector to comply with the requirements of this ordinance and, in the absence of such requirements, found by the inspector to be safe in respect to life and property as measured by the standards established Ordinance No. 5096 Page 2 in this ordinance and the National Electrical Code and National Fire Protection Association Standards. (c) Electrical contracting means undertaking, or offering to undertake, the planning and installation of electrical systems and equipment and the employment, management, supervision and control of electricians and apprentice electricians doing electrical work. (d) Electrical contractor means any person responsible for the activity of planning, or supervising electricians and apprentices doing electrical wiring, work, or equipment installations and connections to apparatus, which is or will be connected to an electric light and power source. (e) Electrical equipment means all electrical materials, wiring, conductors, fitting, conduits, devices, appliances, fixtures, signs and apparatus or parts thereof comprising an electrical system or control of such system. (f) Electrical maintenance work shall mean the repair of the existing electrical equipment, or limited replacement and extensions of branch circuits as determined by the Chief Electrical Inspector. (g) Electrical work means all installations, alterations, repairs, removals, replacements, disturbances, connections, disconnections and maintenance of wiring and electrical equipment, or control of any of the above, over 25 volts, and wiring systems through or by which is conveyed or intended to be conveyed, electrical current in, above, or under any building, structure, tent or premises, public or privately owned, in the City of Waterloo, Iowa. (h) Electrician means any person doing electrical work for an electrical contractor. (i) Examining board means the board created in section 11- 31. (j) Licensed or qualified person means any person who has been examined and licensed by the examining board and has its approval to install, remove, alter or make additions to any electrical work in the city. (k) Shall means that the act to be performed is mandatory. SEC. 9-3-4. RULES OF CONSTRUCTION. In this ordinance certain terms shall be construed as follows: (a) Electrical terms are definitions relating to electrical equipment, wiring methods and special wiring locations and conditions shall be those accepted by the trade and listed in the National Electrical Code or other recognized safe wiring manuals or tests. Ordinance No. 5096 Page 3 (b) Building classification and occupancy shall be determined from the city building code and the city zoning ordinance. SEC. 9-3-5. NATIONAL ELECTRICAL CODE ADOPTION. (a) The 2011 Edition of the National Electrical Code, including Article 90, Chapters 1 through 9, and Annex A, B, C, D and H, inclusive, as published by the National Electrical Code Committee, and adopted by the National Fire Protection Association, is hereby adopted by reference and is effective as if fully set forth in this article. Where, in any specific case, different sections of this article specify different materials, methods of construction or requirements, the most restrictive shall govern. SEC. 9-3-6. NATIONAL ELECTRIC CODE AMENDMENTS. The provisions of this section specify certain amendments, by deletion, addition or substitution of the 2011 edition of the National Electrical Code. Where this section states that an article, subsection, enumeration or exception is deleted, only the specific article, subsection, enumeration or exception is deleted. Where this section states that an article or subsection is deleted in its entirety, all references listed thereafter associated with the specific article (with subsections, enumerations and exceptions) or subsection (with enumerations and exceptions) are deleted. (a) Amendments to 2011 NEC Chapter 2 Amendments: (1) 210.8 (A), Dwelling Units, of the 2011 edition of the National Electrical Code with any appropriate editing for cross-references. (2) 210-11 (C)(3), Bathroom Branch Circuits, is amended by deleting the italicized paragraph entitled "Exception" in its entirety. (3) 220-61 (C) Prohibited Reductions, is amended by adding the following subparagraph: (3) Reduction of neutral or grounded conductor is allowed only under the direct supervision of an electrical engineer. (4) 230-30 Insulation, is amended by deleting the italicized paragraph entitled "Exception" (1) through (4) in its entirety, and adding the following new unnumbered exception: Exception: A grounded conductor shall be permitted to be uninsulated if it is part of a service entrance cable assembly. (5) "230-43. Wiring Methods for 600 Volts, Nominal, or Less, is amended by deleting items (1) and (6), and by adding the following as a new unnumbered paragraph at the end of the enumerated paragraphs: "Only items (3) Rigid metal conduit and (4) Intermediate metal conduit may be concealed." Ordinance No. 5096 Page 4 (6) 230-50(A) Underground Service Entrance Conductors is deleted in its entirety and the following sentence is substituted therefore: "Service lateral conductors shall be installed in a raceway not less than two feet underground." (7) 250.4 General Requirements for Grounding and Bonding, is amended by adding the following item: "(C). Raceway and Cable Grounding. All raceways and cables shall have an equipment -grounding conductor. Exceptions: service cable and raceways, rigid metal conduit, intermediate metal conduit and electrical metallic tubing." (8) 250.52(a)(5) Rod and Pipe Electrodes, is deleted in its entirety and the following is substituted therefore: "Rod electrodes shall be not less than 2.5 m (8 ft) in length, not less than 15.87 mm (5/8 in.) in diameter, and shall be copper clad or equivalent." (9) 250.70 Methods of Grounding and Bonding Conductor Connection to Electrodes, is amended by deleting item (1), deleting from item (2) the words, "or plain or malleable iron," and renumbering the remaining items as items (1) through (4). 2011 NEC Chapter 3 Amendments (1) 300.13(B) Device Removal, is deleted in its entirety and the following is substituted therefore: "(B) Device Removal. In all circuits the continuity of conductors shall not be dependent upon device connections where the removal of such devices would interrupt continuity." (2) 310.106(B) Conductor Material, is amended by adding the following sentence at the end: "Service Grounding conductors shall be of copper and shall be insulated." (3) Table 310.15(b)(7) 120/240 -Volt, 3 -Wire, Single - Phase Dwelling Services and Feeders), is deleted in its entirety. 2011 NEC Annex H AMENDMENTS SEC. 9-3-7. 80.9(C) Additions, Alterations, or Repairs is amended by adding the following: It is prohibited by this ordinance to perform any repair, add to, or revamp any residential service less than 60 ampere electrical service. Ordinance No. 5096 Page 5 Authority, subparagraph (13), is amended by inserting a period after the words "ready for inspection", and deleting the words, "and shall conduct the inspection within days 80.15 Electrical Board, is deleted in its entirety and the following is substituted therefore: ARTICLE 2. BOARD OF ELECTRICAL EXAMINERS AND APPEALS Membership; Appointment of Members; Term of Office (a) Establishment of the Board. There is hereby established a Board of Electrical Examiners and Appeals, hereinafter referred to as the "Board," with authority and responsibility as follows: (1) To act as a Board of Appeals as provided in the Waterloo Electrical Code. (2) To periodically review the provisions of the Waterloo Electrical Code and make recommendations to the Building Official for improving and updating said documents. (b) Composition of the Board. The Board shall consist of five (5) members, all of whose place of business, residence, or work is located in the City of Waterloo. All members shall be qualified by experience and training to pass judgement upon matters pertaining to electrical construction. The membership shall be as follows: Two licensed electrical contractors, one licensed, working electrician, a representative from a public utility company furnishing electrical power to the City, one electrical engineer capable of designing systems governed by this code. The electrical inspector shall serve as secretary to the Board. Said Board shall serve without compensation. (c) Appointment of Members and Terms of Office. The members of the Board of Electrical Examiners and Appeals shall be appointed by the Mayor with the approval of the City Council. After initial appointment of the Board the terms of the members shall be for three years except that the initial terms shall be so arranged and staggered so that the terms of no more that two members shall expire any one year. A vacancy within any term shall be filled by appointment of the Mayor with the approval of the City Council for the unexpired portion of that term only. Powers and Duties of the Board The Board of Electrical Examiners and Appeals shall have the following powers and duties: (a) To act upon reports of violations by licensed master electricians and journeyman electricians as filed by the electrical inspector with the Board. Ordinance No. 5096 Page 6 (b) To keep a complete record of the official proceedings of the Board; to preserve all documents, books and papers relating to appeals and hearing of complaints and charges for at least three years. (c) To hear appeals from the decision of the electrical inspector and to rule on interpretations of the provisions of the Waterloo Electrical Code, and to determine the suitability of alternate materials and methods of construction consistent with the provisions of the Waterloo Electrical Code. Meetings; Records (a) All meetings of the Board of Electrical Examiners and Appeals shall be held in the council chambers, or other location indicated in a public notice posted 24 hours prior to any meeting. (b) Three members of the board shall constitute a quorum for the transacting of all business, but any action taken by the Board shall require a majority vote of all members of the Board. (c) The Board shall annually elect one of its members as chairperson of the Board. (d) The secretary of the Board shall keep a record of the Board meetings and register the names and residences of all persons examined by the Board and the kind of electrical license issued to each, if any. Right of Appeals Any person shall have the right to appeal any decision of the electrical inspector to the Electrical Board of Examiners and Appeals by filing a written notice of such appeal with the electrical inspector within ten (10) days from the date of the inspector's decision. The Board shall forthwith fix a time and place of hearing such appeal which shall not be less than five (5) days nor more than fifteen (15) days after the date of filing of the notice of such appeal, and the electrical inspector shall notify the appellant in writing by registered mail of the time and place of such hearing. After the hearing of said appeal, the Board may sustain or overrule the decision of the electrical inspector. Decision of the Board shall be final unless appealed to the courts as by law provides. 80.19 (a) is amended by adding the following line item #3: Permit for Installation by Homeowner 3. A permit application may be submitted by the homeowner and, upon approval and payment of required fees, an electrical permit shall be issued. Such permit authorizes the owner only to install electrical equipment in the dwelling owned and occupied by the owner, without license or certificate of insurance, and without help from persons other than family members. 80.19 (c 1) is amended by adding the following sentence at the end of the section: Ordinance No. 5096 Page 7 A permit is not required for these repairs if the cost of the repairs does not exceed $300.00. 80.19 (e) is amended by adding the following: Fees (a) Payment of fees for electrical permits shall be made on or before the tenth day of the month following the date of application for the permit or the date of the statement from the electrical inspector. All fees shall be payable to the City of Waterloo. All accounts over 60 days due will be put on a "hold" status until brought current. (b) Inspection fees shall be paid in such amounts as established by Resolution by the city council. Inspections 80.19 (f) Inspections and Approvals, subparagraph(3), is amended by deleting the words "or until days have elapsed from the time of such notification". 80.23 (b) Penalties, subparagraph (3), is deleted in its entirety. 80.25 (c) Notification, is deleted in its entirety. 80.27 Inspector's Qualifications is amended by deleting said section in its entirety and substituting the following therefore: 80.27 Inspector's Qualifications. ARTICLE 3. ELECTRICAL INSPECTOR Appointment; Qualifications (a) The electrical inspector is hereby authorized, directed and empowered to inspect any and all buildings, structures, tents and premises, public and private, and, as provided in this ordinance, to condemn and order removed or remodeled and put into proper and safe condition for the prevention of fire and for safety to life and property, all electrical equipment installations and connections of electrical current for light, heat and power purposes, and to control the disposition and arrangement of such equipment so that persons and property shall not be in danger therefrom. (b) The electrical inspector shall have successfully passed any and all examinations administered by the Civil Service Commission, have been recommended to said position by the Building Official, appointed by the Mayor, and confirmed by the majority of all members of the City Council. (c) The appointee shall: Ordinance No. 5096 Page 8 (1) Be a qualified electrician and shall have at least five years of practical experience. in the electrical trade or five years of experience as an, electrical inspector, or, in lieu of such experience, shall be a graduate in electrical or mechanical engineering of a college or university considered by the Personnel Director as having suitable requirements for graduation and shall have had two years of practical electrical experience; (2) Be possessed of such executive ability as requisite for the performance of required duties and have thorough knowledge of the standard material and methods used in the installation of electrical equipment; and (3) Be well versed in improved methods of construction for safety to persons and property, the statutes of the state relating to electrical work and any orders, rules and regulations issued by authority thereof, and in the National Electrical Code. (d) The electrical inspector shall hold a current master or journeyman electrical license with the State of Iowa or shall be required to pass an examination prior to his/her appointment. (e) He/she shall hold membership in the International Association of Electrical Inspectors. Section 80.28 Licensing, is added as follows: (a) License Required 1. Electrical licenses shall be governed by Iowa Code Chapter 103, Electricians and Electrical Contractors (2008) . (b) No NEW master electrician, journeyman or appliance wireman licenses will be issued after January 1, 2009. Only existing Waterloo licenses or State of Iowa Class A licenses will be accepted by the City of Waterloo. A State of Iowa Class B license will be accepted by the City of Waterloo if the electrician has held a Waterloo license after January 1, 1990. Existing City of Waterloo licenses will be re -issued to the electrician if the electrician chooses not to get a State of Iowa electrical license. (c) Existing license fees will apply for electricians choosing to renew current City of Waterloo electrical licenses. If you have a new State of Iowa electrical contractor's license and wish to pull a permit in the City of Waterloo, a one-time registration fee of $150.00 will be charged if you have never held a City of Waterloo license. Conditions of Certificates of Insurance (a) Any firm or corporation who holds solely a City of Waterloo electrical contractor's license, who is Ordinance No. 5096 Page 9 installing, removing, altering, or making addition to any electrical equipment in the City of Waterloo shall execute and file with the Waterloo Building Official (or a specified inter -governmental agency if so designated by the Building Official) a Certificate of Insurance written by a company authorized to transact business in the State of Iowa, in limits of no less than Three Hundred Thousand Dollars ($300,000.00) combined single limit to any person and One Hundred Thousand Dollars ($100,000.00) property damage; said Certificate to be written on a standard form and carrying an endorsement naming the City of Waterloo, Iowa, and its employees (or the inter -governmental agency designated by the Building Official) as additional insureds as its interest may appear and conditioned upon the faithful performance of all duties required of such contract by any ordinances, rules and regulations of the City of Waterloo, Iowa. It shall be a further condition of said Certificate of Insurance that the obligator will hold the City (through the specified inter -governmental agency if so designed) harmless from any and all damages sustained by reason of neglect or incompetency on the part of such contractor, his/her agents or employees in the performance of the work done under a license or permit issued upon the filing of said Certificate. (b) Said Certificate of Insurance shall be issued by the 31st day of December of each year, and shall be refiled on or before said date for each subsequent year and shall be in continuous full force and effect. That it is the intent and purpose of said Certificate of Insurance to also bind the individual, company, firm, association or partnership, whether it be trade name, corporation, or other business association or arrangement with which the principal is associated. Expiration and Renewal of License; Display; Transfer (a) All licenses issued under this ordinance shall expire on December 31 of each year and may be renewed by the holder upon application and payment of the required fee, and certificate of insurance where applicable, at any time within the 30 -day period prior to December 31. Any license not renewed prior to December 31 shall expire 30 calendar days thereafter and shall not be renewed without examination, except on the recommenda- tion of the Board of Electrical Examiners and Appeals. If the Board approves the renewal of the license without re-examination, the license shall be renewed after payment of a double fee. (b) Code update certificate - Renewal of a Waterloo Master Electrician license and a Journeyman Electrician license shall require each applicant to attend and complete an approved eight-hour National Electrical Code (N.E.C.) update class within twelve months of January 1st of the date on the latest N.E.C. book. A certificate of completion must be submitted to the Electrical Inspection Office before licenses will be renewed. Ordinance No. 5096 Page 10 (c) The validity and right of renewal shall be dependent upon strict compliance by the licensee with all city ordinances, and upon the payment of all fines and penalties which are required as a consequence of violations of city ordinances. (d) Every holder of a Waterloo electrical contractor's license shall keep his/her license displayed in a conspicuous place in his/her places of business at all times. (e) Licenses are not transferable, nor shall they be loaned or rented. SEC. 9-3-8. PENALTY, ABATEMENT OF VIOLATIONS. (a) Any person violating any provision of this ordinance shall be deemed guilty of a municipal infraction and, upon conviction thereof, shall be punished accordingly. (b) If any electrical work, including construction or repair, is performed within the city contrary to the provisions of this ordinance, it shall be deemed a municipal infraction and, in addition to penalties described, shall be abated in accordance with this ordinance. (c) The doing of any act prohibited or declared to be unlawful, an offense or a municipal infraction by this ordinance or the National Electrical Code, or the omission or failure to perform any act or duty required by this ordinance or the National Electrical Code, is, unless another penalty is specified, punishable as provided in sections 1-15 through 1-17 of the Waterloo code. SEC. 9-3-9. APPLICABILITY OF ORDINANCE TO EXISTING BUILDINGS. (a) If any existing building is damaged due to fire, natural disaster or otherwise, the areas that are damaged shall be brought up to current city and national codes. If other areas of the building are altered or repaired due to damages that occurred, these areas must also be brought up to the current codes. (b) If the type of occupancy of an existing building is partially or entirely changed, the electrical wiring shall be made to conform to the requirements of the current city and national codes for the new type of occupancy. SEC. 9-3-10. MOVED BUILDINGS. (a) Residential moved buildings shall be brought into compliance with the electrical requirements of new residential -type buildings. Exception: Parts of an electrical system which were not damaged and had been installed in compliance with the electrical code which was in effect at the time of installation may be retained in said electrical systems. Ordinance No. 5096 Page 11 (b) Electrical systems in any other moved buildings shall be brought into compliance with the provisions of this Code the same as for new construction. (c) The permanent service connection shall not be made by the power company until the electrical system is completely installed, and is approved by the inspector. (d) The existing service on the moved building shall not be connected to the electrical power source unless specifically approved by an inspector. SEC. 9-3-11. DISCLAIMER. This ordinance shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect therein, nor shall the city be held as assuming such liability by reason of the inspection or reinspection authorized in this ordinance or the certificates of approval issued as provided in this ordinance, or by reason of the approval or disapproval of any equipment authorized in this ordinance. SEC. 9-3-12. LIABILITY OF ELECTRICAL INSPECTOR. The electrical inspector, acting in good faith and without malice in the discharge of his/her duties, shall not thereby render himself/herself liable personally and he/she hereby is relieved from all personal liability for any damage that may accrue to person or property as a result of any act required or by reason of any act of omission in the discharge of his/her duties. Any suit brought against the city because of such act or omission performed by him/her in the enforcement of any provisions of this ordinance shall be defended by the city. SEC. 9-3-13. RESERVED. SEC. 9-3-14. UNLAWFUL CONNECTIONS. It shall be unlawful for any person to make connection from a supply of electricity to any electric equipment that has been installed or which has been disconnected or ordered to be disconnected by the electrical inspector, until inspected and approved by the electrical inspector. SEC. 9-3-15. INSPECTION OF WIRING REQUIRED PRIOR TO INSTALLATION OF METER. It shall be unlawful for any person to set a meter for electric purposes to any building or premises, wiring of which has not been inspected and approved by the electrical inspector. A violation of this section will cause the electrical inspector to give written notice and immediately cause the removal of such conditions and the discontinuance of such current. SEC. 9-3-16. ALTERATION OF IDENTIFICATION OR RATING MARKINGS. It shall be unlawful to cover, remove, alter, change or deface the maker's name or identification mark or any of the rating markings on electrical equipment. Ordinance No. 5096 Page 12 SEC. 9-3-52. CONFLICT OF INTEREST. It shall be unlawful for the electrical inspector or assistant electrical inspectors to engage in the business of the sales, installation or maintenance of electrical equipment, either directly or indirectly, and they shall have no financial interest in any concern engaged in such business in the city of Waterloo, at any time, while holding said offices. The City Council of the City of Waterloo now hereby establishes licensing fees for electrical licenses as follows: ELECTRICAL LICENSE FEES FOR CITY OF WATERLOO Electrical Contractor License INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: February 27, 2012 February 27, 2012 .February 27, 2012 February 27, 2012 $150.00 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 27th day of February, 2012, and approved by the Mayor on the 27th day of February, 2012. ATTEST: Suzy Sc ares, CMC City Clerk est G.-Clar , Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5096, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 27th day of February, 2012. Witness my hand and seal of office this 27th day of February, 2012. SEAL 1 Suzy Scares, CMC City Clerk STATE OF IOWA, Black Hawk County I do solemnly 5wear that the annexed copy of 1392077 THE FOLLOWING IS A SUMMARY OF ORDIN notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/24/2012, in the issues of 08/24/2012 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $49.03 Subscribed and swor to before me this day 020 \'a., SUE ALAMZ C0MMisssr:.,; ROE 761976 y Public Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: COURIER The following is a summary of urainance No. 5096. The ordinance may be re- viewed in its entirety at the office of the City Clerk, 715 Mulberry Street, Water- loo, IA 50703, Monday -Friday between the hours of 6 a.m. ands p.m. ORDINANCE NO. 5096 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY RE- PEALING CHAPTER 3, ELECTRICAL REGULATIONS OF TITLE 9, BUILDING REGULATIONS, IN THEIR ENTIRETY; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 3, ELECTRICAL REG- ULATIONS OF TITLE 9, BUILDING REGULATIONS. BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF WATERLOO, IOWA: Sec. 9-3-5.N ATIONAL ELECTRICAL CODE ADOPTION. (a)The 2011 Edition of the National Elec- trical Code, including Article 90, Chap- ters 1 through 9, and Annex A, B, C, D and H, inclusive, as published by the Na- tional Electrical Code Committee, and adopted by the National Fire Protection Association, is hereby adopted by refer- ence and is effective as if fully set forth in this article. Where, in any specific case, different sections of this article specify different materials,; methods of construc- ton or requirements, the most restrictive' shall govern. Sec.9-3.6.NATIONAL ELECTRIC CODE AMENDMENTS. The provisions of this section specify certain amendments, by deletion, addi- tion"or substitution of the 2011 edition of the National Electrical Code. Where this section states that an article, subsection, enumeration or exception is deleted, only the specific article, subsection, enu- meration or exception is deleted. 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