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TC Ord. No. 2008-09 First reading of Ord No 08-09 series of 2008 an ordiance amending chapter 15.12 electrical code title 15 building and construction avon muni code in order to adopt by reference the 2008 edition of the national electrical code and settiTOWN OF AVON, COLORADO ORDINANCE NO. 08-09 SERIES OF 2008 . FIRST READING OF ORDINANCE NO. 08-09, SERIES OF 2008, AN ORDINACE AMENDING CHAPTER 15.12, ELECTRICAL CODE, TITLE 15, BUILDING AND CONSTRUCTION, AVON MUNICIPAL CODE (AMC), IN ORDER TO ADOPT BY REFERENCE THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, The 2008 Edition of the National Electrical Code has been published; and WHEREAS, the Town of Avon has purpose and cause to adopt by reference the 2008 Edition of the National Electrical Code via this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, THAT: Chapter 15.12 of the Avon Municipal Code is hereby amended to read as follows (deletions shown in ~etIffeugh, additions shown in bold): CHAPTER 15.12 Electrical Code 15.12.010 Adoption. Section 6.9 of the Town Charter, provides that standard codes may be adopted by reference, with amendments. The Town of Avon hereby adopts the 2092 2008 Edition of the National Electrical Code. The National Electrical Code is published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. A copy of the 2902 2008 Edition of the National Electrical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. (Ord. 04-14 §3) 15.12.020 Administration - fees. Electrical permit applications and inspections will be administered by and through the Colorado State Electrical Board Department of Regulatory Agencies. Electrical permit and inspection fees shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For permit application and inspections, contact the Colorado State Electrical Board at 1580 Logan St., Ste. 550, Denver, Colorado 80203-1941 (Telephone 303-894-2300). (Ord. 04-14 §3) 15.12.060 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2-OQ 2008 Edition of the National Electrical Code named in the title of this Chapter. "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." (Ord. 04-14 §3) 15.12.070 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall be. deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. (Ord. 07-03 §15; Ord. 04-14 §3) 15.12.080 Validity. If any section, subsection, sentence, clause or phrase of the 200 2008 Edition of the National Electrical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. (Ord. 04-14 §3) 15.12.090 Repeal. The repeal or the repeal and reenactment of any provision of this code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provisions repealed or repealed and reenacted. (Ord. 04-14 §3) INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 26th day of August, 2008, and a public hearing on second reading of this ordinance shall be held at the regular meeting of the Town Council on the 91h day of September, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor LEA ATTEST: Patty c enny, T own k INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED POSTED the 9th day of September, 2008. LEA ATTES T: r9c P ty Mc envy, T n Jerk APPROVED AS TO FORM: Jo W. Dunn, Town Attorney 661"*' Ronal.4f Watt, Mayor- r t Thru: Larry Brooks, Town Manager From: Eric Heidemann, Assistant Town Manager Community Development Date: August 26, 2008 Re: First Reading of Ordinance No. 08-09, an Amendment to the Avon Municipal Code, Title 15, Chapter 15.12 Electrical Code Summary: Attached to this memo is an ordinance for consideration upon first reading. The purpose of Ordinance No. 08-09 (Exhibit A) is to amend Title 15, Chapter 5.12, of the Avon Municipal Code (AMC) in order to adopt by reference The 2008 Edition of the National Electrical Code. Staff is currently operating under the 2002 edition of • the National Electrical Code. This ordinance was- referred to the Town Attorney for review and any comments have been incorporated into the ordinance. Recommendation: Staff recommends the Town Council approves on First Reading Ordinance No. 08- 09 as written and attached to this memorandum. Proposed Motion: "I move to approve and adopt Ordinance No. 08-09 on First Reading." Town Manager Comments: Attachments: 0 A. Ordinance No. 08-09 TOWN OF AVON, COLORADO ORDINANCE NO. 08-09 SERIES OF 2008 FIRST READING OF ORDINANCE NO. 08-09, SERIES OF 2008, AN ORDINACE AMENDING CHAPTER 15.12, ELECTRICAL CODE, TITLE 15, BUILDING AND CONSTRUCTION, AVON MUNICIPAL CODE (AMC), IN ORDER TO ADOPT BY REFERENCE THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, The 2008 Edition of the National Electrical Code has been published; and WHEREAS, the Town of Avon has purpose and cause to adopt by reference the 2008 Edition of the National Electrical Code via this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, THAT: Chapter 15.12 of the Avon Municipal Code is hereby amended to read as follows (deletions shown in strilo?thfough, additions shown in bold): CHAPTER 15.12 Electrical Code 15.12.010 Adoption. Section 6.9 of the Town Charter, provides that standard codes may be adopted by reference, with amendments. The Town of Avon hereby adopts the 2-W2 2008 Edition of the National Electrical Code. The National Electrical Code is published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. A copy of the 20W 2008 Edition of the National Electrical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. (Ord. 04=14 §3) 15.12.020 Administration - fees. Electrical permit applications and inspections will be administered by and through the 0 Colorado State Electrical Board Department of Regulatory Agencies. Electrical permit ® and inspection fees shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For permit application and inspections, contact the Colorado State Electrical Board at 1580 Logan St., Ste. 550, Denver, Colorado 80203-1941 (Telephone 303-894-2300). (Ord. 04-14 §3) 15.12.060 Violation. The following clause concerning violations is set forth in full and adopted with reference to the ~2 2008 Edition of the National Electrical Code named in the title of this Chapter. "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town or cause or permit • the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." (Ord. 04-14 §3) 15.12.070 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. (Ord. 07-03 § 15; Ord. 04-14 §3) 0 15.12.080 Validity. If any section, subsection, sentence, clause or phrase of the 2AOQ 2008 Edition of the National Electrical Code named in.the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. (Ord. 04-14 §3) 15.12.090 Repeal. The repeal or the repeal and reenactment of any provision of this code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provisions repealed or repealed and reenacted. (Ord. 04-14 §3) INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 26th day of August, 2008, and a public hearing on second reading of this ordinance shall be held at the regular meeting of the Town Council on the 9th day of September, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor 0 • ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED POSTED the 9th day of September, 2008. Ronald C. Wolfe, Mayor • ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney 0