Ordinance 814 • ORDINANCE NO. 814 •
AN ORDINANCE OF THE: CITY Of' CUPERTINO AMENDIN~ CHAPTER 16.16 OF THE
CUPERTINO MUNICIPAL CODE BY ADOPTING THE NATIONAL ELFCTRICAL CODE,
1975 EDITION.
THE 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 Adontion of 1975 National Electrical Code. The pro-
visions of said National Electrical Code and each an all of the regul-
ations, 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 Clerky 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 amen e y a ing t ereto t e o owing: '
A. Administrative Authority anc~ Assistants: Whenever the term
"administrative authority" is used in this code it shall be
construed to mean the Building Official.
' B. Assistants: Whenever the term "assistants"•is used in this
codeit
shall be construed to mean the Elec.trical~.Inspec~ors.
C. National Electrical Code is the Standard of the National
Boar o F re Un erwriters for Electric'Wiring and Apparatus
- as recommended by the National Fire Protection Assb,ciation
and approved by the American Standards Associe~~,on.
D. State Buildin Standards, Electrical Cotie is the electrical
sa ety or ers issue y the Industrial Accident Commission
of the State of California. '
E. Electrical Contractors: For the purpose of this article,
an E ectrica Contractor shall 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 journeyman electrician, as herei„ defined; without a
journeyman electrician's certificate of competency, issued
by the Electrical Soard of Examiners, as provided in this
section.
G. Maintenance Electrician: Is an electrician aualified by
train ng an 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 o•restore a facility to a c~dition substantially
equivalent to its original or designed capacity or effi-
ciency.
16.16.030 Enforcement. It shall be the duty of the Electrical
Inspector under supervision of the Building Official to enforce the
provisions of this Code. He shall, upon application, grant permits
for the installation 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 per#ormed
in accordance with the provisions of this Code. He shall also keep on
~ file a list of inspected electrical appliances issued by recognized
I testing laboratories, which list shall be available for public inform-
ation during regular office hours.
16.16.040 Ri ht of Entry. The Building Official or his Assistants
shall have t e riq t uring 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 equipment contained therein, except that the
Electrical Inspector is not empowered to enter any dwelling while the
same is occupied as a dwelling without the consent of the occupancy
thereof. The Electrical Inspector shall have the authority to cut 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 Department. Said Building Official or his Assistants is hereby
authorized to disconnect or order discontinuance of electrical service
to any electric w3ring, devices, appliances or equioment found to be
dangerous to life or property because they are defective or defectively
installed until such wiring, devices, appliances and equipment and their
installations have been made safe and aoproved by said Electrical In-
spector.
16.16.050 Permit--Required. No electric wiring, devices,
appliances or equipment shall be installed within or on any building,
structure, or premises, nor shall any alterations or additions be m~le
in any such existing wiring, devices, appliances or equipment without
first securing a permit therefor from the Electrical Inspector, except
as stated in the following paraqraphs A, B, C, and D.
A. No permit shall be required for the replacement of lamps or
the connection of portable appliances to suitable recept-
acles which have been permanently installed.
S. 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. No pernit shall be required for the installation of tempo-
rary wiring for experimental ourposes in suitable experi-
mental laboratories.
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D. Permits r 11 only be issued to: •
1. Owners who aualify under Section 7044, Business and
' Professions Code, State of California.
2. Electrical contractors who aze in compliance with
i the State Licensing Law.
3. Persons qualifying under the Maintenance Section of
' this Article.
16.16.060 Revocation and Susoension of Permits. The Huilding
Officia or is Assistants may suspen or revo e 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 material misrepresentation or falsity in the application
for the permit.
C. If any person or firm other than the permittee has been
allowed to use the permit for any work suthorized by the
permit.
D. If the permittee uses the permit to evade, 'or avoid, com-
pliance with any other section of the Code.
16.16.070 Permit--Expiration. The Department is authorized
to declare any permit voi~ for any one of the following reasons:
A. If the work is not commenced within 60 days.of issuance of
the permit.
B. Whenever the work authorized has been.susp0nded, abandoned,
or discontinued for a continous perfod'~Of•120 days.
C. Whenever the permittee has failed to turn out for inspec-
tion work completed on any permit within 60 days of the
last work performed.
16.16.080 Liability. The Building Official or his Assistants
charged wit t e en orcement 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 personally and he ia hereby relieved
from all personal liability for any damage that may accrue to persons
or property as a result of any act required or by reason of any act or
omission in the discharge of his duties. Any suit brought against the
Building Official or his Assistants, because of such act or omission
performed by him in the enforcement of any provisions of this Code,
shall be defended by the Legal Department of the City until final ter-
mination of the proceedinas.
16.16.090 Permit--Late Application Penalty Fee. Whenever an
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electrical permit fee is reyuired 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 oermit shall be charged.
When the double fee is less than 52~.00, the charge shall be standard
permit fee and inspection fee, plus $10.00.
16.16.100 Permit Fees. Each applicant shall pay to the Depart-
ment for eac permit issue , and at the time of issuance, a fee in
accordance with the following schedule, and the rate provided for .each
classification ahown therein.
For issuing each permit or additional permit.-• $ 3.00
For outlets at which current is used or controlled, 1-10•••••• 2.50
For each outlet over 10 .25
For each motor of not more than 1/2 H.P.•••••••••..••••••••••• .50
For each motor of not more than 2 H.P. but more than
1/2 H.P 2.00
, For each motor of not more than 5 H.P. but. more than
2 H.P 2.50
For each motor of not more than 15 H.P. but more than
I 5 H.P 3.00
For each motor of•not more than 25 H.P. but more than '
15 H.P 4.00
For each motor of not more than 50 H.P. but more than
25 H.P 5.00
For each motor of not more than 100 H.P. but more
than 50 H.P 10.00
For each motor of more than,100 H.P...-•••••••• 20.00
For each motor-generator set the fee charged shall•
be 508 greater than for the motor alone.
Air-cooled or oil-cooled lighting and/or power trans-
forners for each transformer - each KVA shall be
considered as one horsepower (1 H.P.) and charged .
for as per motor schedule.
For each mercury arc lamp and eqnipment 1:0'0
For each range, electric clothes dryer, or water heater '
installation 2.00
For each oven or burner unit 2.00
For each welding outlet....••••••••••••••-•••••••••••••••••••• 1.00
For each temporary meter set 5.00
For each moved-in house (minimum)••••••••-•••••••••••••••••••• 10.00
For each lighting, power and/or control oanel board,
switchhoard, cabinet or panel 2.00
For each separately circuited cooking or baking
appliance..... 2.00
For each hearing device, including protection eguip-
ment, each K.W . .25
For working lights in course of construction or under-
aoinq repairs or where temnorarv livhtinq is to
be used: Temporary wirinq up to 10 KVA 5.00
Temporary wirinq over 10 KVA.. 4.50
For each festoon or decorative~lighting, 100 lamps or~less.... 3.00
For each festoon of 101 to 200 lamps 4.00
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For each festoon of over 200 lamps $ 5.00
For each electric sign incandescent type 3.00
For each electric sign, luminous gas type 3.00
Per transformer (Signs) .50
For each electric welder, per KVA .50
, For each merc~ry arc, rectifier and synchronous
converter, per KVA.. 1.00
For each extra inspection fue to defective work-
manship or materials (or when owner or
builder call for a special inspection) 2.50
For the inspection of any electrical equipment~
for which no fee is herewith prescribed
there shall be charged a fee per hour 5.00
For each special circuit (Circuits not herein
listed). 3.00
For each trailer space~installation 1.00
For each temporary pole . 4.00
' For each change of service.. 3.00
Fire damage inspection 53.00•per permit plus 10.00
FIXTURES
Cold Cathode Fixtures: ,35
Two lamps .50
Four lamps.. .
.
Code Cathode Lighting Installations:
Each transformer per INA or fraction thereof............ .50
Each section of tubing. .05
Fluorescent or incandescent Lighting: 2,50
Fixtures 1-10 .25
For each fixture over~l0 1.00
For each mercury vapor lamp
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 Electri-
cal Inspector, who shall inspect the installation within
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 as permitting continuing with, or covering elec-
trical wiring after 24 hours.
B. Accessibility for inspection must be provided by the
electrical contractor or permit applicant.
C. If, upon inspection, the installation is not found to be
fully in conformity with the 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.
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D. Stop Orders - Whenever 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 persons
shall forthwith stop such work until authorized by the .
Suildinq Official to proceed with the work.
E. Except where work is done under a Maintenance Electri-
cian's permit, it shall be unlawful for any person, firm
or corporation to make connection from a source of elec-
trical energy or to supply electric service to any elec-
tric wiring, devices, appliances or equipment for the
installation of which a pernit is required, unless such
, • person, firm or corporation shall have obtained satis-
factory evidence that such wiring, devices, appliances
or equipment are in all respects in conformity with all
applicable legal 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 discon-
nected 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 suthorizing the recon-
nection and use of such wiring, devices, appliances or
equipment.' The Building Official shall notify the serving
utility of such order to discontinue use.
16.16.120 Interpretation
A. The 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 Suilding 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 Board of Appeals. In order to determine the snit-
ability of alternate materials and methods of construction and to pro-
vide for reasonable interpretations of the provisions of this Code,
there shall be ana is hereby created a Board of Appeals, consisting of
five members who are aualified by experience and training to pass upon
matters pertaining to building construction installations and materials.
The Suilding Official shall be an ex-officio member and shall act as
Secretary of the Board. The Board of Appeals shall be appointed by the
Mayor, subject to the approval of the City Council, and shall hold office
at his pleasuze. The Board shall adopt reasonable rules and regulations
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for conductiny 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 legislation 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 Aoard.
16.16.140 Amendments and Additions to the 1975 National
Electrical Code
I A. Section 2203(e): In commercial and industrial buildings,
receptacle outlets shall be installed on circuits that
are separate from lighting circuits. The conductors of
the circuit shall not be smaller than ~12, protected at
20 amperes.
B. All electrical wiring in commercial and industrial shall
be in approved raceway (except flexible condutt).
C. Article 110 is hereby amended by adding thereto the follow-
ing Article 110-23:
1. Qualit of Material: All materials used shall be
approve or istec~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 as conforming to the standards of any test-
ing agencies upon satisfactory evidence that they are
designed and constructed so that they will operate
safely under normal conditions.
3. All materials used in the 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.
4. Previous used material shall not be reused unless
approved by the Huilding Official, prior to install-
ation.
5. Dielectric and voltage tests under load shall be made
by the persons or firm doing the work on request of
the Electrical Inspector.
16.16.150 Hearing. This Ordinance shall, after first reading,
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. be scheduled for pu~ic hearing as provided in • ction 50022,3 of the
• Government Code. Notice 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, ~irm, corporation~
partnership
or co-partners ip,
w~ willfully violates any of the pro-
visions, or fails to comply with any o~ the mandatory reqnirements of
this Ordinance, is guilty of an infraction, and upon conviction there~
of, shall be punishable as provided in Chaoter 1.12 of the Cupertino
Municipal Code.
' INTRODUCED at a regular meeting of the City Council of the City
of Cupertino on the 16th day of ^Augusc , 1977.
ENACTED at a regular meeting of the City Council of
the City of Cupertino on the 14th day of Seotember , 1977~ by the
following vote:
Vo[e Hembere of the City Council
AYES: Jackson, Meyers. Nellis, 0'Keefe, Frolich
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
~ /r~r v- -
May+or. City of G~pertino
ATTEST:
,
~ City Clerk
~
g ~
,
i
of Cupertina Ordinaace No. ~
i h~reby certi£y that tha City of s~d p=dinancn vhich has
attach~d hereto ie a trus and corract coPY
baen published or posted puz~uaat to lav.
Wm. E. RY =
City Cle