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HomeMy WebLinkAboutCouncil Packet - 4/5/2021 COUNCIL WORK SESSION April 5, 2021 Time indicated below Meeting will be held virtually via Zoom. Please contact the City Clerk's Office at 319-2914323 to obtain the Zoom meeting information. ELECTRONIC CITY COUNCIL MEETINGS At this time, all meetings of the Waterloo City Council will be electronic because meeting in person is impossible or impractical due to the spread of COVID-19. Iowa Code Section 21.8, Governor Reynolds' Disaster Emergency Proclamations allow cities to hold electronic meetings and Mayor Hart has issued Civil Emergency Proclamations calling for electronic meetings. Electronic meetings will be held utilizing Zoom video conferencing. Zoom meeting information is available on the city website at https://cityofwaterlooiowa.com/register. You may also call the City Clerk's Office at 319-291-4323 or email clerks@waterloo-ia.org to receive the meeting information. Individuals speaking during the electronic regular session or planning session meetings are required to follow the rules for public participation. RULES FOR WORK SESSION PUBLIC COMMENT Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The city council shall not receive any public comment during a work session. Roll Call Agenda, as proposed or amended Approval of Minutes 4:35 p.m. Discussion of an amendment to the 657A Nuisance Ordinance. Submitted By:Martin M.Petersen,City Attorney Approx. Discussion of changes to the Electrical Code. 4:55 p.m. Submitted By:Greg Alhelm,Building Official ADJOURNMENT Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Discussion of an amendment to the 657A Nuisance Ordinance. City Council Meeting:4/5/2021 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 3/24/2021 - 9:53 AM ATTACHMENTS: Description Type ❑ Ord. 657A adoption.docx Backup Material SUBJECT: Discussion of an amendment to the 657A Nuisance Ordinance. Submitted by: Submitted By: Martin M. Petersen. City Attorney Recommended Action: Summary Statement/ Background Information: Neighborhood Impact: Data: Community Engagement Methods: Analysis and Strategies: Implementation,Accountability, and Communication:: Expenditure Required/ Source of Funds: Alternative: Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING SECTION 3, NUISANCES PROHIBITED, OF CHAPTER 2, NUISANCES, TITLE 4, PUBLIC HEALTH AND SAFETY, AND ENACTING IN LIEU THEREOF A SECTION 3,NUISANCES PROHIBITED, OF CHAPTER 2 NUISANCES, TITLE 4,PUBLIC HEALTH AND SAFETY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Section 3,Nuisances Prohibited, of Chapter 2,Nuisances, Title 4, Public Health and Safety,is hereby repealed and a new Section 3,Nuisances Prohibited,of Chapter 2,Nuisances,Title 4, Public Health and Safety, is enacted in lieu thereof as follows: 4-2-3: NUISANCES PROHIBITED: If judgment is entered against any person for erecting, causing, maintaining, or continuing a nuisance as defined in this chapter, the person shall be deemed to have committed a municipal infraction and upon conviction thereof shall be punished as provided in the general penalty in section 1-3-2 of this code and any amendments thereto, and the court, in addition to the civil penalty may order any alternative relief to abate the nuisance. (Ord 4572, 9-9-2-2002) The provisions of Iowa Code Chapter 657A shall apply to all property within the jurisdiction of the city. Section 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. INTRODUCED: ' 2020 PASSED 1st CONSIDERATION: , 2020 PASSED 2nd CONSIDERATION: ' 2020 PASSED 3rd CONSIDERATION: , 2020 PASSED AND ADOPTED this day of June 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk a� .•3Q'(E R�0': i h�� W ��r Ordinance No. Page 2 CITY OF WATERLOO Council Communication Discussion of changes to the Electrical Code. City Council Meeting:4/5/2021 Prepared: 3/24/2021 REVIEWERS: Department Reviewer Action Date Building Department Felchle, Kelley Approved 3/24/2021 - 9:51 AM ATTACHMENTS: Description Type D Amendments to the 2020 NEC Chapter 2 Backup Material Amendments.docx U Electrical Ordinance Chapter 3 Seciton 9-3-5 & 9-3- Backup Material 6.docx SUBJECT: Discussion of changes to the Electrical Code. Submitted by: Submitted By: Greg Alhelm, Building Official Recommended Action: Summary Statement/ Background Information: Neighborhood Impact: Data: Community Engagement Methods: Analysis and Strategies: Implementation,Accountability, and Communication:: Expenditure Required/ Source of Funds: Alternative: Ordinance No. 5392 Chapter 3. Electrical Code Article 1 . Electrical Regulations Generally 9-3-5: NATIONAL ELECTRICAL CODE ADOPTION: Add: Administrative Rules Review Committee Hearing voted to adopt the 2020 NEC with an April 1 , 2021 , effective date. A. The 2017 edition should be amended to read "The 2020 edition" 9-3-6: NATIONAL ELECTRICAL CODE AMENDMENTS: Add: These amendments will remain in place until December 31, 2021. On January 1 , 2022, the 2020 NEC will be adopted without amendments. "substitution of the 2017 edition of the National Electrical Code. should be amended to read "substitution of the 2020 edition of the Electrical Code." A. Amendments to the 2017 NEC Chapter 2 Amendments: should be amended to read A. Amendments to 2020 NEC Chapter 2 Amendments: DELETE under 9-3-6: NATIONAL ELECTRICAL CODE AMENDMENTS: 1.210.12 (D) 2.220.12 3.230-30 4.230-43 5.230-50(A) 6.250-52(a)(5) 7.250.118 B.2017 NEC Chapter 3 Amendments: 1.300.13(B) 2.310.15(b)(7) C. Chapter 4 Amendment: 1.406.4(D)(4) Add the following: Delete section 210.8(A) and insert in lieu thereof the following new section: 210.8(A) Dwelling Units. All 125-volt receptacles installed in locations specified in 210.8(A)(1) through 210.8(A)(11) shall ground-fault circuit-interrupter protection for personnel. (1) Bathrooms (2) Garages and also accessory buildings that have a floor located at or below grade level not intended to be habitable rooms and limited to storage areas, work areas or similar use (3) Outdoors Exception to (3): Receptacles that are not readily accessible and are suppled branch circuit dedicated to electrical snow-melting, de-icing, or pipeline and vessel heating equipment shall be permitted to be installed in accordance with 426.28 or 427.22, as applicable. (4) Crawl spaces — at or below grade level (5) Basements Exception to (5): A receptacle supplying only a permanently installed file alarm or burglar alarm system shall not be required to have ground-fault circuit-interrupter protection. Informational Note: See 760.41 B and 760.121(B) for power supply requirements for fire alarm systems. Receptacles installed under the exception to 201.8(A)(5) shall not be considered as meeting the requirements of 210.52(G) (6) Kitchens — where the receptacles are installed to serve the countertop surfaces (7) Sinks —Where receptacles are installed to serve the countertop surfaces (8) Boathouses (9) Bathtubs or shower stalls —where receptacles are installed within 1.8 m (6 ft) of the outside edge of the bathtub or shower stall (10) Laundry areas Exception to (1) through (3), (5) through (8), and (10): Listed locking support and mounting receptacles utilized in combination with compatible attachment fittings installed for the purpose of serving a ceiling luminaire or ceiling fan shall not be required to be ground-fault circuit-interrupter protected. If a general-purpose convenience receptacle is integral to the ceiling luminaire or ceiling fan, GFCI protection shall be provided. (11) Indoor damp and wet locations Delete section 210.8(F) The Administrative Rules Review Committee Hearing, the committee voted to adopt 2020 NEC with an April 1, 2021 effective date. These amendments will remain in place until December 31, 2021. On January 1, 2022, NEC will be adopted without amendments. 9-3-5: NATIONAL ELECTRICAL CODE ADOPTION: A. The 2017 2020 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 chapter.Where, in any specific case, different sections of this chapter specify different materials, methods of construction or requirements,the most restrictive shall govern. (Ord. 5428, 12-11-2017) 9-3-6: NATIONAL ELECTRICAL CODE AMENDMENTS: The provisions of this section specify certain amendments, by deletion, addition, or substitution of the 2017 2020 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. (Ord. 5392, 3-20-2017; amd. Ord. 5428, 12-11-2017) A. Amendments to 2017 2020 NEC Chapter 2 Amendments: Delete highlighted below 1. 210.12(D) is amended by deleting section 210.12(D). Delete section 210.12(D). 2. 220.12 is amended by deleting the exception to section 220.12 and insert in lieu thereof the following exception: EXCEPTION: Where the building is designed and constructed to comply with an energy code adopted by the local authority, the lighting load shall be permitted to be calculated at the values specified in the energy code. 3. 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. 4. 230-43.Wiring Methods for 1000 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." S. 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." 6. 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 2.5m (8 ft.) in length, not less than 15.87mm (5/8 inch) in diameter, and shall be copper clad or equivalent." 7. 250.118 Delete Items #5, #6 and #7 and insert the following: (5) All listed flexible metal conduit shall contain a wire type equipment grounding conductor. (6) All listed liquid tight flexible metal conduit shall contain a wire type equipment grounding conductor. (7) All flexible metallic tubing shall contain a wire type equipment grounding conductor. (Ord. 5428, 12-11-2017; amd. Ord. 5445, 3-26-2018) B. 2017 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. 310.15(b)(7) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders), is deleted in its entirety. C. Chapter 4 Amendment: 1. 406.4(D)(4) is amended by deleting section 406.4(D)(4). Delete section 406.4(D)(4). (Ord. 5428, 12-11-2017) Delete section 210.8(A)and insert in lieu thereof the following new section: 210.8(A)Dwelling Units. All 125-volt receptacles installed in locations specified in 210.8(A)(1)through 210 8(A)(ll)shall ground-fault circuit-intemipter protection for personnel. (1) Bathrooms (2) Garages and also accessory buildings that have a floor located at or below grade level not intended to be habitable rooms and limited to storage areas work areas or similar use (3) Outdoors Exception to(3): Receptacles that are not readily accessible and are suppled branch circuit dedicated to electrical snow-melting deicing, or pipeline and vessel heating equipment shall be permitted to be installed in accordance with 426.28 or 427.22 as applicable. (4) Crawl spaces—at or below grade level (5) Basements Exception to(5): A receptacle supplying only a permanently installed fire alarm or burglar alarm system shall not be required to have ground-fault circuit-interrupter protection. Informational Note: See 760.41E and 760.121(B) for power supply requirements for fire alarm systems. Receptacles installed under the exception to 210.8(A)(5) shall not be considered as meeting the requirements of 210.52(6) (6) Kitchens—where the receptacles are installed to serve the countertop surfaces (7) Sinks—where receptacles are installed within 1.8 m(6 ft)from the top inside edge of the bowl of the sink Boathouses (9) Bathtubs or shower stalls—where receptacles are installed within 1.8 m(6 ft)of the outside edge of the bathtub or shower stall (_I0) Laundry areas Exception to (1) through (3), (5) through (8), and (10): Listed locking support and mounting receptacles utilized in combination with compatible attachment fittings installed for the purpose of serving a ceiling luminaire or ceiling fan shall not be required to be ground-fault circuit-interrupter protected. If a general-purpose convenience receptacle is integral to the ceiling luminaire or ceiling fan,GFCI protection shall be provided. (11) Indoor damp and wet locations Delete section 210.8(F). This-ml&-K i�wil4ed lo-im*meAtlovaa_Cade-chapter�103. 9-3-7: 2017 NEC ANNEX H AMENDMENTS: !!! 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. 80.13 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 therefor: 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 than 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. (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. If at any time during the permit or inspection process, the chief electrical inspector determines the homeowner is unqualified to perform the electrical work,the homeowner will be required to hire a licensed electrical contractor to perform the electrical work. 80.19(c1) is amended by adding the following sentence at the end of the section: 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 therefor: 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: (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; and (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. 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) State Of Iowa Class B License.All state of Iowa class B journeyman's license will be accepted by the city of Waterloo.A state of Iowa class B master electrician's license will be accepted if the electrician has held a Waterloo license after January 1, 1990. (c) If you have a 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. (d) Licenses are not transferable, nor shall they be loaned or rented. (Ord. 5392, 3-20-2017) 9-3-8: PENALTY; ABATEMENT OF VIOLATIONS: A.Any person violating any provision of this chapter 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 chapter, it shall be deemed a municipal infraction and, in addition to penalties described, shall be abated in accordance with this chapter. C. The doing of any act prohibited or declared to be unlawful, an offense or a municipal infraction by this chapter or the national electrical code, or the omission or failure to perform any act or duty required by this chapter or the national electrical code, is, unless another penalty is specified, punishable as provided in section 1-3-2 of this code. (Ord. 5392, 3-20-2017) 9-3-9: APPLICABILITY OF CHAPTER 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. (Ord. 5392, 3-20-2017) 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. 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. (Ord. 5392, 3-20-2017) 9-3-11: DISCLAIMER: This chapter 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 chapter or the certificates of approval issued as provided in this chapter, or by reason of the approval or disapproval of any equipment authorized in this chapter. (Ord. 5392, 3-20-2017) 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 chapter shall be defended by the city. (Ord. 5392, 3-20-2017) 9-3-13: RESERVED: (Ord. 5392, 3-20-2017) 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. (Ord. 5392, 3-20-2017) 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. (Ord. 5392, 3-20-2017) 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. (Ord. 5392, 3-20- 2017) 9-3-17: 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. (Ord. 5392, 3-20- 2017)