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HomeMy WebLinkAboutOrdinance 13456~. "x ORDINANCE NO. ~ ~ ~,L-~ ~ AN ORDINANCE AMENDING THE ELECTRICAL CODE OF THE CITY OF FORT WORTH, SECTION 11-2 OF THE CODE OF THE CITY OF FORT WORTH (1986), BY ENACTING SECTION A.03(b)11 TO EXEMPT FROM THE ELECTRICAL CODE CERTAIN OUTDOOR TEMPORARY FACILITIES THAT PROVIDE TEMPORARY ELECTRICAL POWER FOR THE CONSTRUCTION OF SINGLE FAMILY RESIDENCES; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Electrical Code of the Crty of Fort Worth, Sec A.03(b) of Section 11-2 of the Code of the Crty of Fort Worth, lists certain installations that are not subject to the Electrical Code; WHEREAS, it is recommended by the Electrical Board to enact Sec A.03(b)11 to exempt from the Electrical Code the installation, maintenance, and removal of certain outdoor temporary electrical power facilities that are owned, installed, operated and maintained by an electric utility and used to provide temporary electric power for the construction of single family residences, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH. SECTION 1 Section A.03(b)11 of the Electrical Code of the City of Fort Worth, Section 11-2 of the Code of the City of Fort Worth, is hereby enacted to provide that the following is not covered by the provisions of the Electrical Code 11 Installation, maintenance, and removal of outdoor temporary electrical power facilities that have been approved by the Electrical Board which are owned, installed, operated, and maintained by an electrical utility, on property owned by the utility or for which a written agreement is entered into between the utility and the property owner granting the utility the right to install, maintain, operate, and remove the outdoor temporary electric power facilities or on a dedicated utility easement, and used for the purpose of providing temporary electric power during the construction of single family residences, provided that the utility a. Remains responsible for the safe operations and maintenance of the installation, b Adheres to the provisions of the National Electrical Safety Code or its successor; ~•~ .. ~. c Complies with all other applicable ordinances, rules and regulations of the Crty of Fort Worth, and, d. Terminates service if requested by the Chief Electrical Inspector for public safety and health reasons because a known dangerous condition exists. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the Crty of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such code, m which event conflicting provisions of such ordinances and such code are hereby repealed. SECTION 3. It shall be unlawful for any person to install, alter or repair any electrical equipment in the City or cause the same to be done contrary to or in violation of any provision of this Code. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists enforcement of any of the provisions of this Code with respect to fire and life safety shall be fined not more than Two Thousand Dollars, ($2,000 00) for each offense, and with respect to all other provisions of this Code shall be fined not more than Five Hundred Dollars ($500 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4. It is hereby declared to be the intention of the Crty Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared void, ineffective, or unconstitutional by the vahd~udgement or final decree of any court of competent~urisdiction, such voidness, ineffectiveness, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the Crty Council without the incorporation m this ordinance at any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. The Crty Secretary of the Crty of Fort Worth, is hereby directed to publish the caption, penalty clause, and effective date of this ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the Crty of Fort Worth, Texas and by Section 52 013 (a) of the Texas Local Government Code nz b SECTION 6. This ordinance shall be in full force and effect thirty (30) days after its passage and publication, and rts is so ordained. APPROVED AS TO FORM AND LEGALITY ~~~~~ C~ ssistant City Attorney Date a `7 I ~ ~-g Adopted. a (o ~ 9 ~ ~ Effective ,5'- 02 6 - ~~ .~ City of .Fort Worth, Texas ~1~Ayar And C,aunc~l Cammun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 5/26/98 G-12217 06TEMPPOLE 1 of 2 SUBJECT ORDINANCE AMENDING THE FORT WORTH ELECTRICAL CODE FOR TEMPORARY POWER POLES RECOMMENDATION It has been requested by Texas Utility, and approved by the Electrical Board, that the City Council adopt the attached ordinance amending the Fort Worth Electrical Code to allow a utility company to install temporary power poles for new residential construction DISCUSSION Current interpretation of the Electrical Code has determined that the electrical service for temporary power poles stop at the point of the meter All wiring after the meter is subject to the authority of the City This requires temporary power poles to be permitted and inspected This proposal will allow a utility company to set their own power poles to be used during the construction of new residential structures. This will in effect, for this usage only, allow this power pole to be considered the same as a utility pole. It will no longer be subject to our authority unless a dangerous situation is determined to exist. This is the same wording and provisions created when the City Council allowed a utility company to install security lights. Items for Consideration• 1 Home builders will be able to obtain quicker electrical service to construction sites, and thereby help in the construction process. 2 Loss of revenue from permit fees will be offset by eliminating the need to perform the initial inspections for the power poles 3 There will be no review for zoning compliance prior to power activation for new residential construction While these poles could be used for uses not allowed by the Zoning Code, zoning violations are not usually a problem with new residential construction The real topic of discussion is safety Since we will not be inspecting, the city will be relying on the utility company to maintain these poles in a safe manner Under the current system, these poles would be inspected by staff at each new relocation Under this proposal, these poles will also be installed, pulled, moved and reinstalled, but it will be up to the utility company to insure that the pole is maintained in a safe manner However, the City Council has already delegated this type of authority to the utility company under the security lighting amendment passed a few years ago City of Fort Worth, Texas n-~Ayar And Caunc~l ~ammun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 5/26/98 G-12217 06TEMPPOLE 2 of 2 SUBJECT ORDINANCE AMENDING THE FORT WORTH ELECTRICAL CODE FOR TEMPORARY POWER POLES In conclusion, there is a tradeoff by providing faster, less bureaucratic service for the home builders by allowing them to deal directly with the utility company while relying upon the utility company to maintain the safety of the equipment. Staff believes this is a reasonable balance Under the current system, we only inspected the pole at initial installation After that, it was the electrician's responsibility to maintain the safety We are just trading this responsibility to another entity Our inspectors will still be visiting the site to inspect the new home If we do notice a problem with the pole, we can require correction of any safety problem FISCAL INFORMATION/CERTIFICATION The Director of the Department of Finance certifies that this recommendation will have no material effect on City funds MG m ~. Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 ~~~~ Originating Department Head: MAY 26 ~~~ Ann Kovich 8901 (from) ~~~ Additional Information Contact: ~ ~ ~ "~ s , o ~ ®ilbrt o Ann Kovich 8901 Adoj~ted A.xdlt~n ~.~s ~.`~ ~ ~