Ordinance 1087,: r
oRDlrrArtcE No. iotl7
Aii OHDINA;lCE OF THE CIT'f OF CUhER`PI[IO AIIE!iDING C}iAI'1'EH 16.16
OF THE CUI'F.RTI110 hfitNICIPAL CODE BY ADOPTING THE tiATIOtiAL
ELECTRICAL CODE, 1978 EDITION.
TI[E CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 16.16 of the Cupertino Municipal Code is hereby amended to read
as follows:
16.16.010 Adoption of 1978 National Electrical Code. The provisions of
said National Electrical Code and each and all of the regulations, provisions,
conditions and terms of said Code (three copies of which have been filed .for
use and examination by the public in the Office of the City Clerks and hereby
referred to and hereby adopted, the same as if fully set forth in this Ordinance,
and are by such reference adopted and sections of this Ordinance.
16.16.020 Article 100 amended--Definitions. Article 100 is hereby amended
by adding thereto the following:
A. Administrative Authority and Assistants: Whenever the term "administrative
Authority is used in this code it shall be construed to mean the Duilding
Official.
B. Assista:ts: Whenever the term "assistants" is used in this code it shall
be construed to mean the Building and Electrical Inspectors.
C. ftatibnal Electrical Cade is the Standard of the Rational Board of Fire
Underwriters for Electric Wiring and Apparatus as recommended by the
National Fire Protection Association and approved by the American
Standards Association.
D. .State Building Standards, Electrical Code is the electrical safety orders
issued by the Industrial Accident Commission of the State of California.
E. Electrical Contractors:. For the purpose of this article, an Electrical
Contractor sha.11 be a person holding a valid electrical contractor's
license issued by the State of California.
F. Journeyman Electrician: No person shall act in the .capacity of Journey-
man electrician, as herein defined; without a Journeyman electrician's
certificate of competency, issued by the Electrical Board of Examiners,
as provided in this section.
G. Fialntenance Electrician: Is an electrical qualified by training and
experience to do the recurring work required to keep a facility in such
condition that it may be utilized at its designated capacity and efficiency,
to do repair work by replacement or overhaul of constituent parts or
materials to keep or restore a facility to a condition substantially
equivalent to its original or designed capacity or efficiency.
-~
16.16.030 F;nforce~:rent: It: shall bar i.he duty of the Faectrical Inspector
and^r supervision of the Iuilding Official to enforce t,hs provisions of th[a Cody.
Re shall, upon npp].ication, p,rant permits for the installatsion or alteration of
electrical wiring, devices, appliances and equipment, and shall make inspection
of all electrical installations. He shall keep complete records of all permits
issued, inspections and reinspections made and other official work performed
in accordance with the provisions of this Code, tie shall also keep on file a
list of inspected electrical. appliances issued by recognized testing laboratories,
which list shall be available for public information during regular office hours.
16.16.040 Rip~ht of Entry: The Building Official or his Anaistsnts shall
have the right during reasonable hours to enter any building in the discharge
of his official duties, or for the purpose of making any inspection, reinspection
or test of the installation of electric wiring, devices, appliances and equip-
meat contained therein, except that the Electrical Inspector is not empowered to
enter any dwelling while the same is occupied ns a dwelling without the consent
of the occupancy thereof. The Building Official shall have the authority to
r_ut or disconnect any wire in cases of emergency where necessary for safety to
life or property or where such wire may interfere with the work of. the Fire
IM partment. Said IIui]ding Official or his Assistants is hereby authorized to
disconnect or order discontinuance of electrical service to any electric service
to any electric wiring, devices, appliances or equipment found to be dangerous
to life ar property because they are defective or defectively installed until
such wiring, devices, appliances and equpment and their installations have been
mode safe and approved by the Building Official or his Assistants.
16.16.050 Permit--Required. No electric wiring, devices, appliances or
equipment shallbe installed within or on any building, structure, or preminea,
n~>r shall any alterations or additions be made in any such existing wiring,
devices, appliances or equipment without first securing a permit therefor from
the Building Department, except as stated in the following paragraphs A, B, C, and
D.
A. No permit shall. be required for the replacement of lumps or the
connection of portable appliances to suitable receptacles which
have been permanently installed.
B. Fees shall not be required for permits for buildings erected for
and owned by the United States of America, the State of California,
the County of Santa Clara, the City of Cupertino and the Cupertino.
Elementary School District and the Fremont Union High School District
and Foothill College District.
C. tJo permit shall be required for the installation of temporary wiring
for experimental purposes in suitable experimental laboratories.
D. Permits shall only be issued to:
1. Owners wtro qualify under Section 7044, Business and Professions
Code, State of California.
2. Electrical contractors who are in compliance with the State Licensing
Law.
3. Persons qualifying under the Maintenance Section of this Article.
• - 3 - •
16.1h.C~O Revo::at.inn :wd Suspensi~u of Permits. The IIuildinC Official
nr his Assistant.^, may suspend or revoke any permit for any one of the following
reasons:
A. Any reason which, if known, would have been cause for denial of the
permit.
B. Any matrrial misrepresentation or falsity in the application for the
permit.
C. If nny person or firm other than the permittee has been allowed to
use the permit for any work authorized by the permit.
D. If the permittee uses the permit to evade, or avoid, compliance with
nny other section of the Code.
16.16.070 Permit--Expiration. The Department is authorized to declare
any permit void for any one of the following. reasons:
A. If the work is not commenced within 60 days of issuance of the permit.
II. Whenever the work authorized has been suspended, abandoned, or
discontinued for a continuous period of 120 days.
C. Whenever the permittee has failed to turn out for inspection work
completed on any permit within 60 days of the last work performed.
16.16.080 Liability. The building Official or his Assistants charged with
t,tie enforcement, of this Code, acting in good faith and without malice for the City
in the discharge of his duties, shall not thereby render himself liable person-
ally and he is hereby relieved from all personal liability for any damage that
may accrue to persons or property as n result of any act required or by reason
of any act or omission in the discharge of his duties. Any suit brought against
the Ruildin[1 Official or his Assistants, because of such act or omission
performed by him in the enforcement of any provisions of this Cade. shall be
defended by the Legal Department of the City until final termination of the
proceedings.
16.16.090 Permit--Late Application Penalty Fee. Whenever an electrical
permit tee is required by this Ordinance to be paid prior to starting of electrical
work and such work is started prior to obtaining a permit, a double fee for each
permit shall be chnrged.
l~i~en the double fee is less than $20.00, the charge shall be standard permit fee
and inspection tee, plus 410.00.
16.16.100 Permit Fces. Each applicant shall pay to the Department for eac}i
permit isrved, and at the time of issuance, a fee in accordance with the follow-
ing schedule, and the rate provided for each classification shown therein.
For issuing each permit or additional permit ..........................$ 6.00
• -4 •
Alr-cooled or oil-cooled lighting and/or power transformers
for each transformer - each KVA rhall be considered as
one horsepower (1 li.P.) and charged for as per motor
schedule.
For each mercury arc lamp and equipment ........ .........................$ 2.00
For each range, electric clothes dryer, or water heater
installation ........ .............................................. 4.00
For each oven or burner.unit ............................................ 4.00
For each welding outlet ................................................. 4.00
For each temporary meter set ............................................ 10.00
For each moved-in house (minimum) ....................................... 25.00
For each lighting, power and/or control panel board,
switchboard, cabinet or panel ...................................... 5.00
For each separately circuited cooking or baking
aPPliance .......................................................... 4.00
For each hearing device. including protection equipment,
each K.Id ........................................................... 1.00
For working lights in course of construction or under-
going repairs or where temporary lighting is to
be. used: Temporary wiring up to 10 KVA ............................ 10.00
Temporary wiring over 10 KVA ............................................ 15.00
For each festoon or decorative lighting, 100 lamps or leas .............. 4.00
For each festoon of 101 to 200 lamps .................................... 6.00
For each festoon of over 200 lamps ...................................... 8.00
For each electric sign incandescent type ......... ....................... 6.00
For each electric sign, luminous gas type ............................... 6.00
Per transformer (51gns) ................................................. 3.00
For each electric welder, pez KVA ....................................... 2.00
For each mercury arc, rectifier and synchronous
converter, per KVA ................................................. 4.00
For each extra inspection due to defective workmanship
or materials (or when owner or builder call for
a special inspection) .............................................. 15.00
For the inspection of any electrical equipment for
which no fee is herewith prescribed there
shall be charged a fee per hour .................................... 20.00
For each special circuit (Circuits not herein
listed) ............................................................ 5.00
For each trailer space installation .................................... 5.00
For each temporary pole ....................................,............ 15.00
For each change of service........ ...... .............................. 10.00
..
Fire damage inspection $6.00 per permit plus ............................ 20.00
FIXTURES
Cold Cathode Fixtures:
...
Two lamps ............................................. ......... 1.00
Four lamps ........................................................ 2.00
Cold Cathode Lighting Installations:
Each transformer per KVA or fraction theraof ...................... 1.00
. . - 5 - •
Fluorescent or Incandescent Lighting:
Fixtures .1-10 .......................................................5 5.00
For each fixture over 10 ............................................ 1.00
For each mercury vapor lamp ......................................... 2.00
16.16.110 Inspection and Certificates
A. Upon completion work which has been authorized by issuance of any
permit, it shall be the duty of the person. firm or corporation
installing the same to notify the Electrical Inspector, who shall
inspect the installation whithin 24 hours, exclusive of Saturdays,
Sundays, and holidays, of the time such notices are given or as soon
thereafter as is practicable. This paragraph is not to be miscon-
strued ae permitting continuing with, or covering electrical wiring
after 24 hours.
B. Accessibility for inspection must be provided by the electrical
contractor or permit applicant.
C. 11', upon inspection, the installation is not found to be fully
in conformity with [he provisions of this Code, the Electrical
Inspector shall at once notify the person, firm or corporation
making the installation, stating the defects which have been
found to exist.
D. Stop Orders - tJhenever any electrical work is being done contrary
to the provisions of this Code, the Building Official may order
the work stopped by notice in writing served on any persons
engaged in the doing or causing such work to be done, and any
such persona shall forthwith stop such work until authorized by
the Building Official to proceed with the work.
E. Except where work is done under a Maintenance Electrician's
permit, it shall be unlawful for any person, firm or corporation
to make connection from a source of electrical energy or to supply
electric service to any electric wiring, devices, appliances or
equipment for the installation of which a permit is required,
unless such person, firm or corporation shall have obtained
satisfactory evidence that such wiring, devices, appliances or
equipment. are in all respects in conformity with all applicable
legs]. provisions.
F. It shall be unlawful for any person, firm or corporation to
make connections from a source of electrical energy or to supply
electric service to any electric wiring, devices, appliances or
equipment which has been disconnected or ordered to be disconnected
by the Building Official or the use of which has been ordered by
the Building Official to be discontinued until a certificate of
approval has been issued by him authorizing the reconnection and
use of such wiring, devices, appliances or equipment.. The
Building Official shall notify the serving utility of such order
to discontinue use.
- 6 -
16.16.120 Interpretation
A. Tl~e language used in this Code, and the National Electrical Code.
which are made a part of this Code by reference, is intended to
convey the common and accepted meaning familiar to the Electrical
.Industry.
B. The RuildinB Official or his Assistants is hereby authorized to
determine the intent and meaning of any provision of this Code.
Such .determination shall be made in writing and a record kept
which record shall be open to the public.
16.16.130 Roard of Appeals. In order to determine the suitability
of alternate materials and methods of construction and to provide for reason-
able interpretations of the provisions of this Code, there shall be and is
hereby created a Board of Appeals, consisting of five members who are qualified
by experience and training to pass upon matters pertaining to building construc-
tion installations and materials. Tile Building Official shall be an ex-
officio member and shall act as Secretary of the Roard. The Board of Appeals
s}~all be appointed by the ?tayor, subject to the approval of the City Council,
and shall hold office at his pleasure. The Board shall adopt reasonable
rules and regulations for conducting its investigations and shall render all
decisions and findings in writing to the Building Official, with a duplicate
copy to the appellant, and may recommend to the City Council such new legisla-
tion as is consistent therewith. The same personnel of the Board of Appeals
appointed under, this Code may act as the Board of Appeals under the other
building construction uniform codes. In the event an Appeals Board is not
appointed by the legislative body, the Council shall serve as said Appeals
Board.
16.16.140 Amendments and Additions to the 1978 National
Electrical Code
A. Article 110 is hereby amended by adding thereto the following
Article 110-23:
1. f~uality of Material: All materials used shall be approved
or listed by a recognized testing agency and shall be of a
design suitable for the purpose to be used except that the
Building Official may refuse to approve any such item for good
cause.
2. The Building Official may accept materials, devices, fittings
and appliances. which are not approved, listed or labeled na
conforming to the standards of any testing agencies upon
satisfactory evidence that they are designed and constructed
so that [hey will operate safely under normal conditions.
3. All materials used in tl~e installation, alteration or repair
of electrical distribution systems shall be free from defects
and shall be at least of the minimum approved standards
specified for all types of materials provided for in this
Ordinance.
• ~ • - 7 - • '
4. Previous used material shall not be reused unless approved
by the Building Official, prior to Installation.
5. Dielectric and voltage tests under load shall be made by the
persons or firm doing the work on request of the Electrical
Inspector.
1b.16.150 ItearinR. This Ordinance shall, after first reading be
scheduled for public hearing as provided in Section 50022.3 of the Govern-
ment Code. Notlce of hearing shall be published pursuant to Section 6066
of the Government Code in the Cupertino Courier. Copies of the Uniform
Code and this Ordinance shall be on file with the City Clerk and open for
public inspection.
16.16.160 Violation--Penalty. Any person, firm, corporation, partner-
ship or co-partnership, who willfully violates any of the provisions, or
fails to comply with any of Che mandatory requirements of this Ordinance is
~+uilty of an infraction, and upon conviction thereof, shall be punishable us
pro•:ided in Chapter 1.12 of the Cupertino Municipal Code, except that nothint!
herein contained shall be deemed to bar any legal, equitable, or summary remedy
to which the City of Cupertino or other political subdivision, or any person,
firm, corporation or partnership may be otherwise entitled, and the City of
Cupertino or any other political subdivision, or person, firm, corporation or
partnership mny file a suit in the Superior Court of the County of Santa Clara,
to restrain, or enjoin any attempted or proposed subdivision, or acts, in
violation of this Chapter.
IIJTRODUCED at a regular meeting of the City Council of the City of Cupertino
this 19th day of January, 1981 and ENACTED at a regular meeting of the
city Council of the City of Cupertino this 17th day of February by the
following voter
Vote Members of the City Council
AYFS: Johnson, Plungy, Sparks, Rogers
itOES: None
AF~SEHT: Gatto
ABSTAIN None
ATTFST: APPROVED:
~ `, .
/ .1 6t ~ la
City erk r, City o' Cuper i r