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Home My WebLink About23. 20-288 JUNE 23, 2020 20-288 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND VARIOUS SECTIONS OF CHAPTER 11 ELECTRICAL CODE OF THE CITY OF OSHKOSH MUNICIPAL CODE INITIATED BY: CITY INSPECTION SERVICES DIVISION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 11-2, 11-32, 11-37(A) AND REPEALING SECTIONS 11-52 AND 11-37(B) OF CHAPTER 11 ELECTRICAL CODE OF THE OSHKOSH MUNICIPAL CODE The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 11-2, 11-32, and 11-37(A) of Chapter 11 Electrical Code of the Oshkosh Municipal Code are hereby amended to read as shown on the attachment to this ordinance. SECTION 2. That Section 11-52 and 11-37(B) of Chapter 11 Electrical Code of the Oshkosh Municipal Code are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 4. Publication Notice Please take notice that the City of Oshkosh enacted ordinance#20-XXX AMEND VARIOUS SECTIONS OF CHAPTER 11 ELECTRICAL CODE (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 11-2, 11-32, 11-37(A) AND REPEALING SECTIONS 11-52 and 11-37(B) OF CHAPTER 11 ELECTRICAL CODE OF THE OSHKOSH MUNICIPAL CODE)on July 14,2020. The amended ordinance brings Chapter 11 into strict conformity with the state electrical wiring code, SPS 316. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. c;th Or Oshkosh TO Mayor and Members of the Common Council FROM. Amy Vanden Hogen, Assistant City Attorney DATE: June 18, 2020 RE. Amend Various Sections of Chapter 11 Electrical Code of the City of Oshkosh Municipal Code BACKGROUND On January 1, 2020 Wisconsin implemented statewide requirements for electrical permits and inspections for commercial buildings (farms, public building, etc.). As part of that process, municipalities were required to register as an electrical inspection agency The registration process includes the state's review of the applicant's ordinances. On February 19, 2020 the City of Oshkosh completed its registration. On February 20, 2020 the City received a response from DSPS confirming that the City's registration had been approved but that certain provisions of Chapter 11 of the City of Oshkosh Municipal Code needed to be revised in order for the City to come into strict conformance with SPS 316 as required by state law ANALYSIS To comply with DSPS's requested revisions, it is proposed that Chapter 11 of the City of Oshkosh Municipal Code will be amended to strictly conform to SPS 316, the state electrical wiring code. The following changes are proposed. - Section 11-2 removed language regarding the application of the City of Oshkosh Municipal Code in the event of conflict with the state electrical wiring code, as the City of Oshkosh Municipal Code strictly conforms to SPS 316. - Section 11-32 was updated to reflect the standards in SPS 316 regarding the installation of electrical wiring under emergency conditions. - Section 11-37(A) was updated to provide for a twelve month permit expiration pursuant to SPS 316. Previously, it was a six month permit expiration. City Hall,215 Church Avenue P.O Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us - Section 11-52 was repealed as temporary electrical permits are not provided for under SPS 316. In addition to the changes to bring Chapter 11 into conformity with SPS 316, it is also proposed to repeal Section 11-37(B) for the purpose of conforming to City practice regarding permit fee refunds. Currently, City staff handles the refunds of other permits (plumbing, building, etc.). Under Section 11-37(B), in order to refund an electrical permit, Common Council approval is needed. As a result, it is proposed to repeal 11-37(B) so staff can process the refund of electrical permit fees in the same manner as other permits. Filed along with this memo is a copy of the red-lined version of all proposed changes. FISCAL IMPACT There is no anticipated fiscal impact to the proposed ordinance. It is an update to an existing ordinance to confirm strict adherence to the state electrical wiring code. RECOMMENDATION Staff recommends that the Council adopt the proposed ordinance. Respectfully Submitted, Approved. Amy Vanden Hogen ' Mark A. Rohloff Assistant City Attorney City Manager City Hall,215 Church Avenue P.O. Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us SECTION 11-2 NATIONAL AND STATE ELECTRICAL CODES ADOPTED The provisions of Ch. 101, Subchapter IV, of the Wisconsin Statutes and Chapters PSC 114 and SPS 305 and 316 of the Wisconsin Administrative Code are adopted and fully incorporated into this Code by reference, except as to penalties contained therein. It is intended that all modifications, amendments, recodification and renumbering of the foregoing provisions as may occur from time to time shall likewise be immediately adopted and fully incorporated into this Code by reference. Any act prohibited by any of the foregoing provisions is prohibited by this Municipal Code. SECTION 11-32 PERMITS FOR ELECTRICAL WORK REQUIRED Except as provided in Section 11-3(B),no electrical equipment shall be installed, altered,renewed, replaced or connected without first procuring a permit therefor, providing, however, that under emergency conditions,the necessary electrical wiring may commence without obtaining a permit provided the owner of the premises where the installation is to occur or their agent submits a permit application no later than the next business day after commencement of the installation. Exceptions: 1. Low voltage Installations in 1 &2 Family Dwellings shall not require a permit. 2. Reconnection of existing power supplies to replacement heating plants,water heaters and other appliances. 3. No permit shall be required for the repair, removal, disturbance or disconnection of any existing electrical equipment or the renewal or replacement of any existing branch lighting circuit switches, sockets,or receptacles. SECTION 11-37 LAPSE OF PERMIT (A) Twelve (12)Month Time Lapse When any electrical work for which a permit has been issued is not started within twelve (12) months from the date of the issuance of the permit then said permit shall lapse and be void, and no electrical work shall be begun or resumed until a new permit is obtained and the fees as prescribed in Section 11-41 are paid therefore. (B) REPEALED SECTION 11-52 REPEALED SECTION 11-2 NATIONAL AND STATE ELECTRICAL CODES ADOPTED The provisions of Ch. 101, Subchapter IV, of the Wisconsin Statutes and Chapters PSC 114 and SPS 305 and 316 of the Wisconsin Administrative Code are adopted and fully incorporated into this Code by reference, except as to penalties contained therein. It is intended that all modifications, amendments, recodification and renumbering of the foregoing provisions as may occur from time to time shall likewise be immediately adopted and fully incorporated into this Code by reference. Any act prohibited by any of the foregoing provisions is prohibited by this Municipal Code. , whether- ineor-por-ated-by r-efer-ence or- enumer-ated hereinafter-, are in eenflict� it is intended that the more festr-iet4ve SECTION 11-32 PERMITS FOR ELECTRICAL WORK REQUIRED Except as provided in Section 11-3(B),no electrical equipment shall be installed, altered,renewed, replaced or connected without first procuring a permit therefor, providing, however, that under emergency conditions, the necessary electrical wiring may commence without obtaining a permit provided the owner of the premises where the installation is to occur or their agent submits a permit application no later than the next business day after commencement of the installation.' indefinite, d4e permit applicafien may be temper-ar4y witl4wid-, but the Pivision of inspection Exceptions: 1. Low voltage Installations in 1 &2 Family Dwellings shall not require a permit. 2. Reconnection of existing power supplies to replacement heating plants,water heaters and other appliances. 3. No permit shall be required for the repair, removal, disturbance or disconnection of any existing electrical equipment or the renewal or replacement of any existing branch lighting circuit switches, sockets,or receptacles. SECTION 11-37 LAPSE OF PERMIT (A) Twelve (12) Month Time Lapse When any electrical work for which a permit has been issued is not started within si*{6)-twelve 12 months from the date of the issuance of the permit, suc-1 Nver--of more t a (6) m^P&h-, then said permit shall lapse and be void, and no electrical work shall be begun or resumed until a new permit is obtained and the fees as prescribed in Section 11-41 are paid therefore. (B) N n fun r F,� made,No r-efund of any per-mit fees paid into t4e City Tr-easur-y s4all be Common Counc-i'. REPEALED SECTION 11-52 TEMPORARY n RY iNST-n r r n TIONSREPEALED T-14e Electrical T is to, may grant spec-ial per-+nissiar:; for,-- limitedperiod f time, for- the legally r-esponsible and ac-c-ountable for- 04e safe c-andit4an of d4e installation at all times, aod its __-_r____ __- __ - _- at ____ -____ of ____ - )(-__ __-_r ___-J per-____ as ___ by ___ -________- - _r _____ __ / / /