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HomeMy WebLinkAbout2020 Ordinance No. 035 1 BY AUTHORITY ORDINANCE NO. 35 COUNCIL BILL NO. 39 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE D, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE NFPA70 - NATIONAL ELECTRICAL CODE, 2020 EDITION, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld); WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the NFPA70 - Electrical Code, 2020, conflict with or are materially inconsistent with the applicable uniform building and fire codes, and that it was written to conform to international electrical standards; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the National Electrical Code 2020 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Title 8, Chapter 2, Article D shall be amended as follows: DocuSign Envelope ID: EB38A019-355A-441D-B50D-34508269F030 2 8-2D-1: CODE ADOPTED: There is hereby adopted, by reference thereto, the NFPA70 - Electrical Code, 2020 Edition, in its entirety including errata updates, published by the National Fire Protection Association, One Batterymarch Park, Quincy, Massachusetts 02169-7471. The City Clerk shall maintain a copy of the Code and errata updates which will be available for inspection during regular business hours. Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the5th day of October, 2020. Published by title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of October, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of October, 2020 for thirty (30) days. Read by title and passed on final reading on the 19th day of October, 2020. Published by title in the City’s official newspaper as Ordinance No. 35, Series of 2020, on the 22nd day of October, 2020 Published by title on the City’s official website beginning on the 21st day of October, 2020 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. DocuSign Envelope ID: EB38A019-355A-441D-B50D-34508269F030 3 Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 35, Series of 2020. Stephanie Carlile DocuSign Envelope ID: EB38A019-355A-441D-B50D-34508269F030