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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F, PENMAN
CITY ATTORNEY
Subject:
An Ordinance of the City of San Bernardino adding
Section 15.04.230 to the San Bernardino Municipal
Code amending Section 305-3(b) of the National
Electrical Code, 1996 edition, relating to time
constraints on temporary electrical power and
lighting installations for decorative lighting and
similar purposes.
Dept: CITY ATTORNEY
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Date: November I, 2001
Synopsis of Previous Council Action:
None,
Recommended motion:
A, That said ordinance be laid over for final adoption.
B. That said ordinance be referred to the Legislative Review Committee.
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Contact person: Huston T. Carlyle. Jr,
Phone:
5355
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
<\mount: None at this time,
Source:
Finance:
Council Notes:
In, - /I 0 IS
Agenda
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STAFF REPORT
Council Meeting Date: November 5. 2001
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
November 1, 2001
Item # 30
California Health and Safety Code Section 17958.5 states in relevant part as follows:
"~17958.5. Changes or modifications by city or county due to local conditions.
Except as provided in Section 17922.6, in adopting the ordinance or regulations
pursuant to Section 17958, a city or county may make such changes or modifications
in the requirements contained in the provisions published in the California Building
Standards Code and other regulations adopted pursuant to Section 17922 as it
determines, pursuant to the provisions of Section 17958.7, are reasonably necessary
because oflocal climatic, geological, or topographical conditions, . , ,"
California Health and Safety Code Section 17958.7 states in relevant part as follows:
"~17958.7. Finding prerequisite to modification or change.
(a) Except as provided in Section 17922,6, the governing body of a city or county,
before making any modifications or changes pursuant to Section 17958.5, shall
make an express finding that such modifications or changes are reasonably necessary
because of local climatic, geological or topographical conditions. Such a finding
shall be available as a public record. A copy of those findings, together with the
modification or change expressly marked and identified to which each finding refers,
shall be filed with the California Building Standards Commission. No modification
or change shall become effective or operative for any purpose until the finding and
the modification or change have been filed with the California Building Standards
Commission, , . ,"
In Section I 5.04,020A.l.D. of the San Bernardino Municipal Code, the City has previously
adopted the National Electrical Code, 1996 edition, pursuant to California Health and Safety Code
Section 17922, as referenced in Section 17958.5,
Section 305-3(b) of the National Electrical Code currently reads as follows:
"(b) 90 Days. Temporary electrical power and lighting installations shall be
permitted for a period not to exceed 90 days for Christmas decorative lighting
and similar purposes,"
Concerns have been raised that this absolute 90 day period is too restrictive, given the
variances in climates throughout the state, let alone the nation. Also, enforcement of such a
provision raises the threshold issue of when was the first day the temporary electrical power and
lighting installation was put up, an issue oftentimes disputed between the parties involved.
Modification of this section permitting temporary electrical power and lighting installations,
for holiday decorative lighting and similar purposes, to be used for the length of time in accordance
with the manufacturer's intended use and listing would result in a less arbitrary time frame and
eliminate a thorny threshold issue.
An express finding is required for this amendment, and it is contained in the proposed
ordinance.
It is requested that the ordinance be laid over for final adoption and then referred to the
Legislative Review Committee.
Adopted: NoveRber 19, 2001
Effective: DeceRber 20, 2001
ORDINANCE NO. He-1I08
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
15.04.230 TO THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 305-
3 3(b) OF THE NATIONAL ELECTRICAL CODE, 1996 EDITION, RELATING TO TIME
CONSTRAINTS ON TEMPORARY ELECTRICAL POWER AND LIGHTING
4 INSTALLATIONS FOR DECORATIVE LIGHTING AND SIMILAR PURPOSES,
5 WHEREAS, the City of San Bernardino ("City") is a charter city organized and existing
6 under the Constitution and laws of the State of California; and
7 WHEREAS, the City has previously adopted the National Electrical Code, 1996 edition; and
8 WHEREAS. pursuant to Sections 17958.5 and 17958,7 of the California Health and Safety
9 Code the City is permitted to make modifications or changes to said National Electrical Code which
10 are reasonably necessary because of local climatic, geological or topographical conditions; and
11 WHEREAS, the City Council of the City of San Bernardino expressly finds that the proposed
12 amendment contained herein is reasonably necessary because said City, situated in a relatively flat
13 geographic area not too high above sea level in southern California and having a more moderate and
14 milder climatic condition, finds an absolute 90 day time constraint for temporary electrical power
15 and lighting installations under such climatic conditions to be unreasonably restrictive for the
16 purpose of prevent;ng electrical and wiring problems.
17 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
18 BERNARDINO DO ORDAIN AS FOLLOWS:
19 SECTION I. Section 15,04,230 is hereby added to the San Bernardino Municipal Code to
20 read as follows:
21 "15,04.230 Amendment to National Electrical Code Section 305-3(b) -- Time Constraints.
22 National Electrical Code Section 305-3(b) is amended to now read as follows:
23 (b) Use and Listing. Temporary electrical power and lighting installations for
holiday decorative lighting and similar purposes shall be permitted to be used in accordance
24 with the manufacturer's intended use and listing."
25 SECTION 2. Upon final adoption of this ordinance, the Director of the Development
26 Services Department or his designee is directed to send a certified copy of this ordinance to the
27 California Building Standards Commission.
28 / / /
HTC[NECI]
1
MC-H08
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
15.04,230 TO THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 305-
2 3(b) OF THE NATIONAL ELECTRICAL CODE, 1996 EDITION, RELATING TO TIME
CONSTRAINTS ON TEMPORARY ELECTRICAL POWER AND LIGHTING
3 INST ALLA TIONS FOR DECORATIVE LIGHTING AND SIMILAR PURPOSES.
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
17
18
19
The foregoing Ordinance is hereby approved this _ day of November, 200 I.
"
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20
21
FRANK E. SCHNETZ. MAYOR PRO TEM
City of San Bernardino
22
23
24 Approved as to form
and legal content:
25
JAMES F. PENMAN
26 City Attorney
27
28 .~
HTC[NECI] 2
STAFF REPORTS
City Attornev
29. Authorization to join amicus curiae brief in support of the City of
Lafayette in the case of Loewenstein v. City of Lafayette. (See
Attached) (No cost to the City.)
Approved
MOTION:
That the Mayor and Common Council authorize the
City Attorney to join in the amicus curiae brief in
support of the City of Lafayette in the case of
Loewenstein v. City of Lafayette.
30. An Ordinance of the City of San Bernardino adding Section
15.04.230 to the San Bernardino Municipal Code amending
Section 305-3(b) of the National Electrical Code, 1996 Edition,
relating to time constraints on temporary electrical power and
lighting installations for decorative lighting and similar purposes.
(See Attached) FIRST READING
Approved
MOTION:
That said ordinance be laid over for final adoption; and
that said ordinance also be referred to the Legislative
Review Committee.
Vote:
Ayes: Council Members Estrada,
Suarez, Anderson, McCammack.
Absent: Council Member Schnetz.
Lien, McGinnis,
Nays: None.
Council Office
31. League of California Cities Legislative Task Force update.
Update Only - No Action Taken
13
11/5/2001
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* *FQR OFFICE USE ONLY - NOT,A PUBLIC DOCUMENT, U." .
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., , . CITY OF SAN BERNARDINO :'CITY CLERK'S OFFICE _.'_.M.,'
.,.. RECORDS & INFORMATION MANAGEMENT PROGRAM
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AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: If Ii '110 f Item No. / t)
Resolution/Ordinance No. /I'/C L / I 0 ?- Ordinance Urgency: Yes
Effective Date: 12./2,0/01 Termination/Sunset Date:
I I '
Ayes: ~ LI -; ~ S;, 7
Abstain;
Date Sent to MaYOr:fc.,. -r;,..... II/l--C,/(J I
/ I II
Date of Mayor's Signature: 'j 1--- 6 a I
Date Summary Sent to Attorney: II'lL 10 10 I
Date Published: II /:3 ~ / /J J I I .
Meeting Type:~' J.-I i;,.,A.L )
Continued FromITo & Item No.
c5!
~4
Nays:
Absent:
Vote:
~
Date Returned from Mayor:
Date of Clerk's Signature:
Date Summary Returned from Attorney:
Date Seal Impressed:
t(f).(,/D I
Exhibits Complete & Attached to Resolution/Ordinance:
Rem i nder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes
Notes: If~~"" /' ~ - /I /.).7~
. I I
)
To Whom:
Date Sent for Signature:
Expiration Date:
Copies Distributed T
No
Ready to File:
Date:
DOC\JMfNT lOCA T10Nt
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