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HomeMy WebLinkAbout1974-12-10 OrdinanceAN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA, BY ADOPTING THE 1975 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN ADDITIONS AND AMENDMENTS THERETO: REPEALING CHAPTER 9.20 OF THE MUNICIPAL CODE OF IOWA CITY, IOWA, AND ENACTING A NEW CHAPTER IN LIEU THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this Ordinance is to adopt the 1975 Edition of the National Electrical Code published by the National Fire Protection Associa- tion, commonly referred to as the "National Electrical Code" with certain additions and amendments thereto to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa. SECTION II. AMENDMENT. Chapter 9.20 of the Municipal Code of Iowa City, Iowa, shall be amended to the following: Chapter 9.20 Electricity Article I. Electrical Code Division I. In General 9.20.1 Adoption of Electrical Code. The National Electrical Code, 1975 Edition, National Fire Protection Association, for electric wiring and apparatus hereinafter in this Chapter referred to as National Electrical Code, is hereby adopted in full except for the portions that are deleted, modified or amended by this Chapter. A copy of the National Electrical Code as adopted and a certified copy of this Ordinance shall be on file in the Office of the City Clerk for public inspection. Sections: 9.20. 1. Adoption of electrical code. 2. Amendments and additions. Division 2. Scope and Title 9.20. 3. Title 4. Purpose 5. Scope 6. Application to moved buildings Division 3. Organization and Enforcement 9.20. 7. Electrical inspection division and supervision 8. Electrical inspectors --Powers, duties, authority 9. Electrical board --Creation and authority 10. Hearings 11. Decision 12. Appeal 13. Membership 14. Vacancies 15. Meetings 16. Quorum 17. Voting 18. General rules 19. Legal Counsel 20. Violations --Penalties 21. Electrical Board --Responsibility Division 4. Licenses and Certificates 9.20.22 License applications, licenses and renewals 23. License Fees 24. License expiration and renewal 25. Required license with the City 26. Issuance to individuals only; cessation of membership in firm 27. Contractors' insurance 28. Journeyman License 29. Maintenance electrician's certificate --required Division 5. Permits and Inspections 9.20.30. Permits --required 31. Issuance 32. Non -transferable --permit restrictions 33. Double fee for failure to obtain permit before starting work 34. Home owner 35. Type "M" permit, restrictions and record of work 36. Revocation of permit; expiration of permit 37. Fees; fee exemption 38. Collection of fees for examinations, licenses, certificates and permits; refund of permit fees 39. Inspections 40. Covering or concealing work 41. Removal of covering 42. Correcting defective work 43. Annual inspection --notice of defects, failure to remedy defects Division 6. Miscellaneous 9.20.44. Conformity with standards 45. Iowa City amendments to N.E.C. 46. Definitions 47. Temporary electrical work 48. Metal conduit work 49. Services and circuits --separation from communications conductors 50. Furnishing current prior to approval of wiring 51. Existing buildings 9.20.2. Amendments and Additions The sections in this article are and represent amendments and additions to the requirements contained in the National Electrical Code, and where they conflict with those of the National Electrical Code, the requirements of this article shall prevail and be controlling. Division 2. Scope and Title 9.20.3. Title. This article, and all provisions incorporated herein by reference or otherwise, shall be known as the "Electrical Code", may be cited as such, and will be referred to herein as such and as "this Code". Where the Municipal Code of the City of Iowa City is the subject of reference in this article, it will be referred to herein as "Iowa City Municipal Code". 9.20.4. Purpose. The purpose of this Code is to provide minimum provisions to safeguard life or limb, health, property, and public welfare by regulating, licensing and controlling the design, installation, quality of materials, location and maintenance of all electrical installations and uses within the City. 9.20.5. Scope. The provisions of this Code shall apply to the electrical conductors and equip- ment installed within or on public and private structures and other premises; also the conductors that connect the installations to a supply of electricity, and other outside conductors adjacent to the premises; also mobile homes and travel trailers. -3- 9.20.5. Scope. (cont.) Additions to, alterations of, and repairs to existing electrical equipment, if covered by this Code, shall comply with the provisions of this Code; and, further, the electrical inspector may, when such additions, alterations, or repairs are made, order further reasonable additions or alterations in a building, structure, or on premises, when a danger to life or property may result if such further additions or alterations were not made. Installations which were in compliance with the Code in existence at the time such installations were made shall be presumed to be safe and proper, which presump- tion can be rebutted by evidence that the installation may be dangerous to life or property. For the purposes of this Code, the term "electrical work" shall apply to all uses, installations, alterations, repairs, removals, replacements, connections, disconnections and maintenance of all electrical equipment. The term electrical equipment shall include all electrical materials, wiring, conductors, fittings, apparatus, devices, appliances, fixtures, signs, or parts thereof used in electrical work. 9.20.6. Application to Moved Buildings. Structures moved into or within the City shall comply with the provisions of this Code for new structures. Division 3. Organization and Enforcement 9.20.7. Electrical Inspection Division and Supervision. The electrical inspection division of the Division of Code Enforcement shall be under the supervision of a Chief Electrical Inspector who shall be appointed by the City Manager and responsible to the Building Official for the enforcement of the Electrical Code and regulations of the City. 9.20.8. Electrical Inspectors --Powers, Duties and Authority. Electrical inspectors shall have the right to enter upon any property during reasonable hours in the discharge of their official duties, and shall have the authority to cause the disconnection of any wiring or equipment where such wiring or equipment is dangerous to life or property or may interfere with the work of the Fire Department. The electrical inspectors are hereby authorized, directed and empowered to inspect any and all electrical installations within the City, to condemn and order removed or remodeled and put in proper and safe condition for the prevention of fire and the safety of life, all electrical heating and lighting apparatus, motors, machinery, fixtures and connections, electrical equipment used in the utilization of electrical current for light, heat or power purposes and to control the dispo- sition and arrangements of the same so that persons and property shall not be in danger therefrom. The electrical inspector and his/her assistants shall not engage in the business of the sale, installation, or maintenance of electrical equipment either directly or indirectly, and they shall have no financial interest in any firm engaged in such business in the City of Iowa City at any time while holding office. They shall hold membership in the International Association of Electrical Inspectors with the consent of the City Council and shall serve on any electrical committee of those associations to which he/she may be appointed. 9.20.9. Electrical Board --Creation and Authority. There is hereby created an electrical board, referred to hereinafter, as "The Board", with authority to: (a) Periodically review the Electrical Code and make recommendations thereto to the City Council. (b) Prepare and conduct written examinations, and examine the qualifications of applicants for the licenses and certificates required by this article. (d) Act as a board of appeals to hear grievances arising from a decision of the chief electrical inspector and to provide for reasonable interpretations consistent with the provisions of this Code. Any person may upon written request appeal a previous decision of the chief electrical inspector to the board for consideration. 9.20.10. Hearings. Any person affected by a decision of the chief electrical inspector may request and shall be granted a hearing on the decision, provided that such person shall file in the office of the Division of Code Enforcement a written petition requesting such hearing and setting forth a brief statement of the grounds therefore within fifteen days after the day that the person received notice of the decision. Upon receipt of such petition, the Division of Code Enforcement shall set a time and place for such a hearing and shall give petitioner written notice thereof at least three days before the date set for such hearing, unless such three day notice requirement is waived, in writing, by the petitioner. At such hearing the petitioner shall be given an opportunity to be heard to show why the decision of the chief electrical inspector should be modified or withdrawn. The chief electrical inspector shall have the opportunity to be heard to show why his/her decision should be affirmed. The hearing shall be commenced not later than ten days after the day on which the petition was filed, unless, for good cause, a postponement of the hearing is granted. 9.20.11. Decision. After such hearing, the board shall affirm, modify or withdraw the decision of the chief electrical inspector. The proceedings at any hearing before the board, including the findings and decision of the chief electrical inspector, if applicable, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Division of Code Enforcement. Such record shall include a copy of every notice or order issued in connection with the matter. 9.20.12. Appeal. In the event any person shall feel aggrieved by any action of the board, he/she may appeal from such action to the City Council by filing written notice of his/her appeal within ten (10) days from the date of the action. The Council shall give the appealing party and the examining board five (5) days' written notice by certified mail of the date, time, and place of hearing. All interested persons shall be given an opportunity to be heard at such hearing and the City Council may affirm, modify, or overrule the action of the board. 9.20.13. Membership. The board shall consist of four members, all of whom shall be appointed by the ma:or with the approval of the City Council. All members of the board shall hold office until their successors have been qualified and appointed. The term of each member other than the electrical inspector shall be four years, provided, however, that the original appointments to the board shall be made as follows: one member shall be appointed to serve for a period of one year, one member for two years, one member for three years, and one member for four years. The board shall consist of the following persons: One representative of the public who is qualified by technical or professional experience or training in electrical work. One licensed (active) electrical contractor and one (active) electrical journeyman, who shall not be members of the same electrical business or interest. One professional engineer (electrical). The chief electrical inspector of the City of Iowa City, who shall act as permanent secretary to the board. The Electrical Board shall elect annually one of its members as chairman; he/she shall preside at all meetings of the board. 9.20.14. Vacancies All vacancies occurring on the board, by removal, resignation, or death, shall be filled by appointment as determined previously. Any member of the board may be removed by the City Council for malfeasance in office, incapacity, or neglect of duty. All appointments made under this section shall be for the unexpired term of the position vacated. 9.20.15. Meetings. The board shall conduct regularly scheduled meetings for examinations during the months of January, April, July, and October of each year. Special meetings may be called at any time by the chairman of the board or the chief electrical inspector or upon the written request of two members of the board to the chairman or the chief electrical inspector. The Council shall provide suitable space in which the board may hold its meet- ings, and all necessary equipment and facilities for holding examinations. 9.20.16. Quorum. A quorum shall consist of three members of the board. In proceedings relative to the suspension or revocation of licenses or certificates, at least three members must concur in such suspension or revocation. 9.20.17. Voting. All members of the board shall have one vote on any and all matters coming before the board, except that no member of the board shall vote on any questions in which he/she is engaged as a contractor, material dealer, designer or consultant, or in which he/she has any direct interest. The chief electrical inspector shall not vote on any question involving an appeal of his/her previous decision; and, in the event of a tie vote, said previous decision shall be affirmed. 9.20.18. General Rules. The chief electrical inspector shall keep a full and correct detailed record of the official proceedings of the board and preserve all documents, books, and papers relating to examinations for licenses and certificates and hearings of complaints and charges. 9.20.19. Legal Counsel. The board shall have the right to request legal counsel from the City Legal Department when such counsel is desired, or other legal counsel as required. 9.20.20. Violations --Penalties. It shall be unlawful for any person to install, alter, repair, maintain, improve or use any electrical equipment, or to perform any electrical work in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. 9.20.21. Electrical Board --Responsibility. It shall be the responsibility and duty of the board: (a) To prescribe rules and regulations for the conduct of examinations of applicants for licenses and certificates and to prepare the subject matter for examinations suitable to determine the qualifications of applicants for licenses and certificates herein prescribed. (b) To rule upon the qualifications of all applicants and certify qualified applicants, together with their respective examination ratings, within thirty days after the date upon which such examination is held, after which the chief electrical inspector shall cause such license or certificate to be issued. (c) To adopt a responsible method whereby the chief electrical inspector is authorized to conduct qualifying examinations for a home owners' permit as described in this Code. (d) To revoke or suspend any license or certificate herein prescribed for violations of this Code, but only after the person charged therewith has been given notice and an opportunity to be heard in his/her own defense as provided herein. Said -6- • hearing shall be held at the earliest convenience of all parties concerned, but in any case, shall be within five days„ excluding Saturdays, Sundays, and holidays, after written notice has been served on the person charged with the violation. The board shall hear all interested parties who have pertinent written or oral evidence or information to present for consideration. Suspensions shall be for any period, up to six months, and during the period of such suspensions, the license or certi- ficate of the offender shall be void, and said offender shall not perform any work for which a license or certificate is required. After the termination of such period of suspension, such license or certificate shall be re -activated by the chief electrical inspector, provided that renewal fees which have become due thereon, as herein set out, have been paid. Division 4. Licenses and Certificates 9.20.22. License Applications, Licenses and Renewals. Any person desiring to take examinations for any of the licenses or certificates required by this Code, shall make application thereof to the chief electrical inspec- tor on blanks furnished by him/her and each application shall be accompanied by a receipt from the City for the examination fee, as set out hereafter, which fee shall be paid for each examination, or re-examination. The examination shall be practical, written or oral, or a combination thereof, and shall be of such a nature as to test the capabilities of all applicants for the same type of license uniformally. The applicant shall clearly demonstrate to the board his qualifications for the particular license and show satisfactory knowledge of the methods and standards for doing electrical work under the Electrical Code of the City of Iowa City, Iowa. If an applicant fails to pass an examination, he/she may apply for re-examination after the expiration of six months and upon payment of another examination fee. 9.20.23. License Fees. The fees for examinations and licenses as shown in the following table are hereby authorized and required: MASTER ELECTRICIAN LICENSE JOURNEYMAN LICENSE MAINTENANCE ELECTRICIAN'S LICENSE RESTRICTED ELECTRICIAN'S LICENSE 9.20.24. License Expiration and Renewal. Examination Annual Fee Fee $75.00 $10.00 $15.00 $ 5.00 $15.00 $ 5.00 $15.00 $ 5.00 All licenses shall expire on January lst of each year. Any license that has so expired may be renewed within sixty days after the expiration date upon payment of the renewal fee plus ten dollars. Upon the expiration of the aforementioned sixty day period, no license or certificate shall be renewed except upon recommen- dation of the board and payment of the renewal fee plus ten dollars. 9.20.25. Required License with the City. No person shall engage in the activity, or represent himself/herself to the public as engaging in the activity of installing, altering, maintaining, or repairing any electrical equipment within the scope of this article unless such person shall have first obtained from the City a Master Electrician's License, except that the holders of current Master Electrician's licenses granted by the City prior to passage of this Code shall issue renewals of their licenses without taking the examinations herein provided. Such licenses shall be issued, however, without examination, in the case of any person holding a Master Electrician's license from another Iowa municipal corporation recognized by the board as having similar licensing standards, upon payment of the required license fee. Nothing contained in this section shall be deemed to exclude the performance of maintenance work by Master Electricians. Before a person can apply for a Master Electrician's License, he/she must carry a Journeyman's license for one year. -7- -e. • Either a licensed master or a journeyman electrician shall be on the job at all times while electrical work is in progress. The provisions of this section shall not apply to: 1. The electrical work of a public utility company, telephone or telegraph companies, nor the persons performing electrical work for such companies, where such electrical work is an integral part of the plant used by such public utility company or telephone or telegraph company in rendering its duly authorized service to the public. 2. A regular employee of any railroad who does electrical work only as a part of that employment. 3. The service or maintenance of warm air heating equipment by any person who is licensed as a warm air heating contractor, provided that such service or main- tenance shall only include electrical work on electrical equipment that is part of such warm air heating equipment. Such work shall include the connection of such warm air heating equipment to an existing individual branch circuit. 9.20.26. Issuance to Individuals only; Cessation of Membership in Firm. Whenever a Master Electrician's license is issued, it shall be in the name of the person who has qualified for same. No license shall be issued in the name of a firm or corporation. In the event of a firm's or corporation's licensed members ceases to be a member of the firm or corporation, then such firm or corporation shall not be permitted to do any further electrical work, except that work under previously issued permits may, at the discretion of the electrical inspector, be continued and finished. A Master Electrician who terminates his/her association with a firm or corporation shall notify the chief electrical inspector of such termination. 9.20.27. Master Electrician's Insurance. Each Master Electrician or the firm or corporation employing a Master Electrician doing electrical work under this ordinance shall furnish with the City "Electrical Inspector" a copy of insurance stating the liability and completed products in the amount of $100,000 and $300,000. The City of Iowa City, Iowa, shall be notified thirty (30) days in advance of the termination of the policy by the insured or insurer. 9.20.28. Journeyman License. Before a person can apply for a Journeyman's license, he/she must have a minimum of one year experience as an apprentice under a Master Electrician, in the general building area. 9.20.29. Maintenance Electrician's Certificate --Required. A maintenance electrician's certificate shall be required of any person who is a regular employee of a manufacturing or industrial establishment, who does electrical work for that establishment only, and who maintains and keeps in a state of repair the existing electrical equipment within a building, or group of buildings. A main- tenance electrician's certificate shall be issued to any person who shall satisfactorily pass the examination given by the board. Any person holding a maintenance electrician's certificate issued by the City prior to passage of this Code shall be reissued renewals of their certificates without taking the examination hereinafter provided. The installation of any new or additional electrical equipment of any kind by the holder of a maintenance electrician's certificate is hereby prohibited. Division 5. Permits and Inspections 9.20.30. Permits --Required. No person shall perform any electrical work nor install electrical equipment in or upon any building or property without first securing from the electrical inspection division a permit therefore; nor shall any alteration or change be made in the wiring of any building, or in any electrical installation therein or thereon, either before or after inspection, nor shall any electric current be connected to any wires, or apparatus, without notifying the electrical inspector and securing a permit therefore. A separate permit shall be obtained for each structure. L After proper application on forms provided by the chief electrical inspector, permits shall be issued in the name of the person holding an active Master Elec- trician's license and the name of the firm he/she represents. All applications for electrical permits shall be signed by the licensed Master Electrician, or the home- owner doing his/her own work. 9.20.32. Non -Transferable --Permit Restrictions. Permits are not transferable. Electrical work performed under permits issued under the provisions of this article must be done by the Master Electrician securing such permit, his/her firm, or corporation. 9.20.33. Double Fee for Failure to Obtain Permit Before Starting Work. Except in emergency situations, as determined by the electrical inspector, where work for which an electrical permit is required by this Code is started or proceeded with by any person prior to obtaining a required permit, the regular fees as specified in the Code for such work shall be doubled. The payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein. No additional permits shall be issued to any person who owes the City the double fee described in this section. 9.20.34. Home Owner. In cases where an owner -occupant of a single family dwelling desires to install wiring or electrical equipment, or perform any electrical work in his/her single family structure, he/she may appear before the electrical inspector and show that he/she is competent to do the specific work for which he/she desires an electrical permit, and after such showing, may obtain an electrical permit by paying the proper fee. For purposes of this section a single family structure shall mean a detached residence designed for or occupied by one family only. 9.20.35. Type "M" Permit, Restrictions and Record of Work. Before any maintenance electrical work is performed by a maintenance electrician under the provisions of 9.20.38 of this Code, an electrical permit shall be obtained from the electrical inspection division by the person or persons owning or controlling the building or group of buildings in which such maintenance electrical work is to be performed. This shall be known as a type "M" permit and shall be valid for one year from the date of issuance. The name of the person or persons holding a maintenance electrician's certificate and performing work as provided in this section, shall be filed with the electrical inspection division of the Division of Code Enforcement and in the event a change is made, the new name shall be filed. Each maintenance electrician performing work under the permit required by this section shall keep an accurate record for the electrical inspector of all work performed in each building and shall, in the first days of January, April, July and October of each year, file a statement of the work performed during the preceding three months in such building which statement shall be made under oath. 9.20.36. Revocation of Permit; Expiration of Permit. Any permit required by the provisions of this Code may be revoked by the chief electrical inspector upon the violation of any provision of this Code. Every permit issued under the provisions of this Code shall expire by limita- tion and become null and void, if the work authorized by such permit is not commenced within sixty days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty days. Before such work can be recommenced a new permit shall be first obtained, and the fee therefore shall be one-half of the amount required for a new permit for such work, provided that such suspension or abandonment has not exceeded one year. 9.20.37. Fees; Fee Exemption (a) There shall be paid to the Division of Code Enforcement for the issuance of each electrical permit the sum of the following unit fees: -9- 1. One meter setting Two meter settings Each meter setting in excess of two 2. Outlets, switches, light fixture openings 1-30 31 & over each 3. Electric range, water heater, furnaces, driers, air conditioners, electric signs, or outlets for them $2.00 each 4. Fluorescent per running ft. 5. Electric heat per kilowatt 6. Motors (exclusive of circuits) Less than 14 hp. --one through ten motors . . . . . morethan ten . . . . . . . . . . . . . 1i hp. to 1 hp. --one through ten motors. . . more than ten. . . . . . . . . . . 1 hp. to 6 hp. --one through ten motors. . . more than ten. . . . . . . . . . . 6 hp. or over --one through ten motors . . . morethan ten. . . . . . . . . . . 7. Minimum fee for any permit .03 .50 . . 0.25 each . . . 0.20 each 0.50 each 0.25 each 1.00 each 0.50 each 1.50 each 0.75 each $5.00 Master Electricians performing electrical work for political subdivisions of the State of Iowa, or the Federal government may obtain permits for such work without paying the fees described herein. 3.50 .10 In the event that an electrical permit is issued for a specific amount of work and, upon inspection, it is determined that more work was performed than was authorized on such permit, the permitee shall obtain another permit to include all such additional work and shall pay only the unit fees prescribed in paragraph (a) of this section, provided that no such permit shall be issued for less than five dollars. 9.20.38. Collection of Fees for Examinations, Licenses, Certificates and Permits; Refund of Permit Fees. All fees due the City of Iowa City for examinations, licenses, certificates and permits shall be collected in the Division of Code Enforcement and paid thereafter to the City Treasurer. If, within thirty days of the date of issuance, the holder of an electrical permit decides not to commence the work described in said permit, he may, upon application to the Division of Code Enforcement be refunded that portion of the permit fee which is in excess of five dollars. The refund of any fee of five dollars or less shall not be made. 9.20.39. Inspections. It shall be the duty of the person doing electrical work, for which a permit is required, to notify the electrical inspector that said work is ready for inspec- tion. The electrical inspector shall, without undue delay, perform the required inspection and, if the work complies with the provisions of this Code, post an acceptance tag on or near the work approved. Said tag shall contain the date and results of such inspection. Work that has no tag attached shall be considered unapproved. No tag or tags shall be removed by any person other than an electrical inspector. When the electrical work is completed, the person doing the electrical work shall notify the electrical inspector that the work is ready for final inspection. 9.20.40. Covering or Concealing Work. No electrical work for which a permit is required shall be concealed in any manner from access or sight until such work has been inspected and approved by the electrical inspector. The electrical inspector shall have the authority to remove or cause the removal of lath, plaster, boarding, or other obstruction which may prevent the proper inspec- tion of wires or electrical equipment. 9.20.42. Correcting Defective Work. When an electrical contractor is notified that defects exist in his/her electrical work, he/she shall make corrections promptly. Corrections shall be made within thirty days after notification, and if not so made, the electrical contractor shall not be issued any other permits until said defects are corrected, and approval given by the electrical inspector. 9.20.43. Annual Inspection --Notice of Defects, Failure to Remedy Defects. The electrical inspector is hereby empowered to make an annual inspection of all electrical wires and equipment in the City, and shall keep an accurate record of inspections and the condition of electrical equipment, and whenever it shall be ascertained by inspection, as provided in this section, that any electrical install- ation or part thereof in any building is so defective as to render the same dangerous to person or property, the electrical inspector shall at once cause notice to be given served upon the owner or person in charge, or the occupant of the same, to remedy the defects within a reasonable time, to be stated in such notice, and if defects are not remedied within the time fixed by such notice, the electrical inspector may cause the electric current to be disconnected from such building and the electric current shall not again be turned on until all defects or improper conditions have been removed, or repaired in conformance with the provisions of this Code. Division 6. Miscellaneous 9.20.44. Conformity with Standards. Conformity with the standards of the Underwriter's Laboratories Incorporated as approved by the United States of American Standards Institute shall be evidence of conformity with approved standards for electrical equipment. 9.20.45. Iowa City Amendments to National Electrical Code. A. In all wiring installations, special attention shall be paid to the mechanical installation of the work. The placement of raceways, cables and conduc- tors; the connecting, splicing, soldering, and taping of conductors, and the securing and attachment of fittings in a proper, neat and workmanlike manner is mandatory. B. All bathroom fixtures, switch boxes and outlet boxes shall be properly grounded. All fixtures and receptacles in bathrooms shall be controlled by a wall switch or switches commonly located near the door. At least one receptacle shall be installed in each bathroom. All receptacles in bathrooms shall be out of reach of tub or shower. If a fixture is used with an outlet, the outlet will not be connected. C. Kitchen outlets. No point on a wall shall be more than four (4) feet from an outlet when measured horizontally along the floor or table top line. D. Basement lighting fixtures. In all types of occupancies except industrial, one permanent lighting fixture shall be provided for each two hundred square feet of floor area. Stairway lighting shall not be included as lighting when figuring gross floor area of basements or cellars. E. Stairway lighting shall be located so that stair treads shall never be shadowed by persons using them. The light fixtures shall be located at the top and the bottom of the stairs and any dark area. F. Electrically powered heating units, such as oil burners, gas burners, stokers, or other electrically controlled heating units shall use an approved number of protective devices on the electric supply and control lines to limit the action of the equipment when hazardous temperatures or conditions arise. New work and old work shall be supplied by a separate circuit, with a properly fused switch at the heating unit. All heating units to be properly grounded. All wiring on the heating units shall be in electrical metallic rigid, emt or greenfield raceway. G. Exit lights. The exits from any room or building, public or private, used for public gathering whether for worship, lodge activity, retail store, or entertainment, shall have all exits properly lighted and designated by an electri- cally illuminated exit sign. All stairways in public buildings, nursing homes, apartments, retail stores, and hotels shall be properly lighted and designated by an electrically illuminated sign. Circuit for exit lighting shall be installed in raceway "separate from any other raceway" or circuit of the building. Such circuits shall be connected ahead of main disconnect and controlled independently. H. When it is found that tampering or overloading of circuits is evident, it will be mandatory that all circuits be fused by a non-tamperable fuse or device. I. All wiring for electric light or power hereafter installed in churches, schools, theaters, hotels, lodges, multi -family dwellings, nursing homes, fraterni- ties, sororities, retail stores and any building classified as commercial or indus- trial and places used for public gatherings, warehouses, store buildings, factory buildings and their basements shall be in rigid or electric metallic tubing. J. If any of the above occupancies also have a dwelling unit or rooming unit this portion of the building shall also be wired in conduit. K. Tandem type circuit breakers shall not be used in new installations. Mini breakers are prohibited. L. The minimum height of the service entrance head shall be twelve (12) feet above the ground or grade line. M. No service drop shall parallel or be located so as to prevent raising a ladder to the window. N. Services on ranch type buildings where service entrance goes through the roof must be not less than two inches (2) rigid steel and extended above the roof not less than thirty-six inches (36) complete with service head and thirty-six inches (36) of wire extending from service head. Pipe to be secured on the wall with two - hole straps or the equivalent and weather proofed where it extends through the roof. 0. All service entrances in the central business district shall be rigid conduit. No service entrance shall be run through electric tubing in concealed walls or partitions unless protected by at least two inches of masonry construction. P. "For installations in residential occupancies", the main service entrance shall not be smaller than one hundred ampere. Individual homes with over 2,500 square feet of floor space, including the basement but excluding the garage, shall be served with not less than 200 ampere three pole solid neutral entrance switch or equivalent, using dead front equipment. Q. The minimum service in a two-family duplex shall be of 200 ampere capacity or may be run as two 100 ampere services. R. Power services. Three phase services shall be classified as power services and may be used to supply power appliances and shall comply with all provisions of other types of services and shall not be less than 60 ampere capacity. All metallic equipment used in conjunction with such services shall be effectively ground. S. All service entrances locations in the central business district shall be approved by the Electrical Inspector before installation. T. Each building shall be served with a single set of service entrance conductors. The service conductors shall be properly protected through a single main disconnect. U. The main switch shall be mounted in a readily accessible location as near as possible to the point where the conductors enter and not more than six feet inside the building. V. All circuits shall be continuous by means other than attachment to the wiring devices. W. Receptacle outlets. In all dwellings, there shall be not less than one (1) twenty ampere three wire circuit (220 volts) grounding type supplying receptacle outlets in the kitchen, dining room, family room or kitchen dinette. Refrigerator receptacles shall be on a separate circuit. Permanently installed dishwasher shall be supplied by a separate 20 ampere circuit. X. All exposed wiring installed in dwellings shall be in metal raceway. Y. Flexible conduit may be used where conduit must be fished into concealed places and where subject to vibrations. A maximum length of flexible metal conduit of 72" may be exposed. When flexible metal conduit is used a grounding conductor of equal current carrying capacity to the largest current carrying conductor shall be installed. 9.20.46. Definitions. For purposes of this Code the following definitions shall apply: Dwelling, single family: A detached residence designed for or occupied by one family only. Dwelling, two family: A detached residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each. Dwelling, row: Any one of three or more attached dwelling units in a contin- uous row, that are separated from one another by an approved fire wall or walls having a fire resistive rating of at least one hour. Dwelling Unit: One or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating. Family: An individual or two or more persons related by blood or marriage, or a group of not more than five persons who need not be related by blood or marriage, living together in a dwelling unit. Structure: Is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Type M: Is in reference to annual maintenance permits and maintenance electrical licensed personnel. 9.20.47. Temporary Electrical Work. Temporary electrical work shall generally be construed to mean that work which is obviously installed for the convenience of a contractor or builder during construc- tion. Such work shall be the complete responsibility of the person who installs it and shall require the inspector's approval prior to being used, provided that the inspector may require corrections in such writing to eliminate any hazardous or unsafe conditions. A permit is required and fee to be paid is $5.00 unless total permit for rest of the job in question is submitted in total and the permit then is $2.00. 9.20.48. Metal Conduit Work. All electrical equipment in or upon buildings within the City shall be of the class known as rigid metal conduit or electrical metallic tubing work, except where concealed in single family structures or two-family structures, including their garages, and except in locations subject to corrosive action on metal, in which case the standards set forth in the National Electrical Code shall apply; provided however, that all wiring that is located below grade (as defined in the Building Code) shall be of a type approved for installation in wet locations. Basements and cellars (as defined in the Building Code) shall be of a type approved for install- ation in wet locations. Basements and cellars (as defined in the Building Code) that are capable of being drained to floor level through a doorway opening onto a properly sloped exterior grade shall not be considered to be located below grade for the purposes of this section. 9.20.49. Services and Circuits--Sej2aration from Communications Conductors. All service entrances in and upon buildings within the City shall be of the class known as "rigid metal conduit or electrical metallic tubing", except as herein provided. Underground service entrances for all buildings except in single family, or two-family, structures shall be of moisture resistant wire installed in rigid metal conduit or approved nonmetallic raceway enclosed in concrete. Underground service entrances for single family structures or two-family struc- tures, including their garages may be of the approved type U.S.E. direct -burial cable installed thirty inches below grade and properly protected from mechanical injury at the point of overhead attachment and termination. -13 - Other provisions of this section to the contrary notwithstanding, that portion of an underground service lateral that is installed by an electrical contractor, but is owned and maintained by a corporation licensed by law to engage in the business of supplying and distributing electricity, may be of a type used by a corporation for such an installation. Underground circuits under driveways and where there is vehicle traffic shall be installed not less than thirty inches below grade. 9.20.50. Furnishing Current Prior to Approval of Wiring. No person or corporation generating current for electric light, heat or power in the City shall connect its system or furnish current for electrical purposes to any building or premises which has not been inspected and approved by the electrical inspector. Any person or corporation shall, upon written notice from the electrical inspector to do so, immediately disconnect such building or premises from its source of current. 9.20.51. Existing Buildings. If an existing building is damaged by fire, or otherwise, or altered in a manner to require the replacement of 50% or more of the wiring equipment, the entire building shall be made to conform to the requirements of this Code for new buildings. If the type of occupancy of an existing building is partially or entirely changed, the electrical wiring shall be made to conform to the requirements of this Code for the new type of occupancy. SECTION III. REPEALER. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed, as is Chapter 9.20 of the Municipal Code of Iowa City, Iowa. SECTION IV. SAVINGS CLAUSE. In the event any section, provision or part of the National Electrical Code or of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid or unconstitutional, such adjudication shall not affect the validity of the Code or of the Ordinance, adopting same as a whole part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, and publication as requred by law. It was moved by White that the Ordinance as read be adopted, AYES: NAYS: ABSENT: Brandt Czarnecki deProsse Davidsen White ATTEST:__-`=�� City C1 k First Reading Second Reading 12-10-74 T.O. 12-10-74 T.O. Third Reading 12-10-74 T.O. Passed and approved this 10th and seconded by deProsse and upon roll call there were: day of r December 19 74 ORDINANCE NO. AN ORDINANCE AME DING -THE MUNICIPAL CODE OF IOWA CITY, IOWA, BY r ADOPTING THE A kCATION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN ADDITIONS AND AMENDMENTS THERETO: REPEALING CHAPTER 9.20 OF THE MUNICIPAL CODE OF IOWA CITY, IOWA, AND ENACTING A NEW CHAPTER IN LIEU THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION,I. PURPOSE. :The purpose of this Ordinance is to adopt the -- publicetyon-artd-subsegnexi* ^� l *��Tc published by the National Fire Protection Association, commonly referred to as the "National Electrical Code"swith certain additions and amendments thereto to provide for the protection of the health, welfare, and saf4y of the citizens of Iowa City, Iowa./ SECTION II. Ak4ENDMENT. Chapter 9.20 of the shall be amended to `the following: Chapter 9.20 Electricity icle I. Electr LRivision I 9.20.1. This article shall consist o the Code and subsequent publications, p 1 ciation commonly known as and referrd a copy of which is on file in the of which National Electrical Code is in as though set forth in its entirety. Sections: Code General ipal Code of Iowa City, Iowa, test publication of the National Electrical ed\by the National Fire Protection Asso to he�ein as the "National Electrical Code", e of tte City Clerk of Iowa City, Iowa, porated\herein by this reference as fully 9.20. 1. Adoption oftional cde. 2. Amendments d addition Division 2 Scope and Ti e 9.20. 3. Title 4. Purpose 5. Scope 6. Applic,tion to moved buildings Division 3. Organization and t 9.20. 7. Electrical inspection division and supervision B. Electrical inspectors --Powers, duti s, authority 9. Electrical board --Creation and autho ity 10. Hearings 11. 6ecision 12. ./Appeal 13./ Membership 14.; Vacancies 151' Meetings 16. Quorum 17. Voting 1`8. General rules ,19. Legal Counsel X20. Violations --Penalties 21. Electrical Board --Responsibility r Division 4. Licenses and Certificates 9.20.22. License applications, licenses and renewals 23. License Fees 24. License expiration and renewal C� E Division 4. Licenses and Certificates (cont.) 25. Required license with the City 26. Issuance to individuals only; cessation of membership in firm 27. Contractors' insurance 28. Journeyman License 29. Maintenance electrician's certificate --required Division 5. Permits and Inspections 9.20.30. Permits --required 31. Issuance 32. Non -transferable --permit restrictions 33. Double fee for failure to obtain permit before starting work 34. Home owner 35. Type "M" permit, restrictions and record of work 36. Revocation of permit; expiration of permit 37. Fees; fee exemption 38. Collection of fees for examinations, licenses, certificates and permits; refund of permit fees 39. Inspections 40. Covering or concealing work 41. Removal of covering 42. Correcting defective work 43. Annual inspection --notice of defects, failure to remedy defects Division 6. Miscellaneous 9.20.44. Conformity with standards 45. Iowa City amendments to N.E.C. 46. Definitions 47. Temporary electrical work 48. Metal conduit work 49. Services and circuits --separation from communications conductors 50. Furnishing current prior to approval of wiring 51. Existing buildings 9.20.2. Amendments and Additions. The sections in this article are and represent amendments and additions to the requirements contained in the National Electrical Code, and where they conflict with those of the National Electrical Code, the requirements of this article shall prevail and be controlling. Division 2. Scope and Title 0 9.20.3. Title. This article, and all provisions incorporated herein by reference or otherwise, shall be known as the "Electrical Code", may be cited as such, and will be referred to herein as such and as "this Code". Where the Municipal Code of the City of Iowa City is the subject of reference in this article, it will be referred to herein as "Iowa City Municipal Code". 9.20.4. Purpose. The purpose of this Code is to provide minimum provisions to safeguard life or limb, health, property, and public welfare by regulating, licensing and controlling the design, installation, quality of materials, location and maintenance of all electrical installations and uses within the City. 9.20.5. Scope. The provisions of this Code shall apply to the electrical conductors and equip- ment installed within or on public and private structures and other premises; also the conductors that connect the installations to a supply of electricity, and other outside conductors adjacent to the premises; also mobile homes and travel trailers. ® Additions to, alterations of, and repairs to existing electrical equipment, if covered by this Code, shall comply with the provisions of this Codes and, further, "tie electrical inspector may, when such additions, alterations, or repairs are made, .,rder further reasonable additions or alterations in a building, structure, or on premises, when a danger to life or property may result if such further additions or alterations were not made. installations which were in compliance with the Code in existence at the time such installations were made shall be presumed to be safe and proper, which presump- tion can be rebutted by evidence that the installation may be dangerous to life or property. For the purposes of this Code, the term "electrical work" shall apply to all uses, installations, alterations, repairs, removals, replacements, connections, disconnections and maintenance of all electrical equipment. The term electrical equipment shall include all electrical materials, wiring, conductors, fittings, apparatus, devices, appliances, fixtures, signs, or parts thereof used in electrical work. 9.20.6. Application to Moved Buildings. Structures moved into or within the City shall comply with the provisions of this Code for new structures. is Division 3. Organization and Enforcement 9.20.7. Electrical Inspection Division and Supervision. The electrical inspection division of the Division of Code Enforcement shall be under the supervision of a Chief Electrical Inspector who shall be appointed by the City Manager and responsible to the Building Official for the enforcement of the Electrical Code and regulations of the City. 9.20.8. Electrical Inspectors --Powers, Duties and Authority. Electrical inspectors shall have the right to enter upon any property during reasonable hours in the discharge of their official duties, and shall have the authority to cause the disconnection of any wiring or equipment where such wiring or equipment is dangerous to life or property or may interfere with the work of the Fire Department. The electrical inspectors are hereby authorized, directed and empowered to inspect any and all electrical installations within the City, to condemn and order removed or remodeled and put in proper and safe condition for the prevention of fire and the safety of life, all electrical heating and lighting apparatus, motors, machinery, fixtures and connections, electrical equipment used in the utilization of electrical current for light, heat or power purposes and to control the dispo- sition and arrangements of the same so that persons and property shall not be 10 in danger therefrom. The electrical inspector and his assistants shall not engage in the business of the sale, installation, or maintenance of electrical equipment either directly or indirectly, and they shall have no financial interest in any firm engaged in such business in the City of Iowa City at any time while holding office. They shall hold membership in the International Association of Eelctrical Inspectors with the consent of the City Council and shall serve on any electrical committee of those associations to which he may be appointed. 9.20.9. Electrical Board --Creation and Authority. There is hereby created an electrical board, referred to hereinafter, as "The Board", with authority to: (a) Periodically review the Electrical Code and make recommendations thereto to the City Council. (b) Prepare and conduct written examinations, and examine the qualifications of applicants for the licenses and certificates required by this article. E E 11 (d) Act as a board of appeals to hear grievances arising from a decision of the chief electrical inspector and to provide for reasonable interpreta- tions consistent with the provisions of this Code. Any person may upon written request appeal a previous decision of the chief electrical inspec- tor to the board for consideration. 9.20.10. Hearings. Any person affected by a decision of the chief electrical inspector may request and shall be granted a hearing on the decision, provided that such person shall file in the office of the Division of Code En=orcement a written petition requesting such hearing and setting:forth a brief statement of the grounds therefore within fifteen days after the day that the person received notice of the decision. Upon receipt of such petition, the Division of Code Enforcement shall set a time and place for such a hearing and shall give the petitioner written notice thereof at least three days before the date set for such hearing, unless such three day notice requirement is waived, in writing, by the petitioner. At such hearing the petitioner shall be given an opportunity to be heard to show why the decision of the chief electrical inspector should be modified or withdrawn. The chief electrical inspector shall have the opportunity to be heard to show why his decision should be affirmed. The hearing shall be commenced not later than ten days after the day on which the petition was filed, unless, for good cause, a postponement of the hearing is granted. 9.20.11. Decision. After such hearing, the board shall affirm, modify or withdraw the decision of the chief electrical inspector. The proceedings at any hearing before the board, including the findings and decision of the chief electrical inspector, if applicable, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Division of Code Enforcement. Such record shall include a copy of every notice or order issued in connection with the matter. 9.20.12. Appeal In the event any person shall feel aggrieved by any action of the board, he may appeal from such action to the City Council by filing written notice of his appeal within ten (10) days from the date of the action. The Council shall give the appeal- ing party and the examining board five (5) days' written notice by certified mail of the date, time, and place of hearing. All interested persons shall be given oppor- tunity to be heard at such hearing and the City Council may affirm, modify, or overrule the action of the board. 9.20.13. Membership. The board shall consist of four members, all of whom shall be appointed by the mayor with the approval of the City Council. All members of the board shall hold office until their successors have been qualified and appointed. The term of each member other than the electrical inspector shall be four years, provided, however, that the original appointments to the board shall be made as follows: one member shall be appointed to serve fork.a period of one year, one member for two years, one member for three years, and one member for four years. The board shall consist of the following persons: One representative of the public who is qualified by technical or professional experience or training in electrical work. One licensed (active) electrical contractor and one (active) electrical journeyman, who shall not be members of the same electrical business or interest. One professional engineer (electrical). The chief electrical inspector of the City of Iowa City, who shall act as permanent secretary to the board. The Electrical Board shall elect annually one of its members as chairman; he shall preside at all meetings of the board. C C C All vacancies occurring on the board, by removal, resignation, or death, shall be filled by appointment as determined previously. Any member of the board may be removed by the City Council for malfeasance in office, incapacity, or neglect of duty. All appointments made under this section shall be for the unexpired term of the position vacated. 9.20.15. Meetings. The board shall conduct regularly scheduled meetings for examinations during the months of January, April, July, and October of each year. Special meetings may be called at any time by the chairman of the board or the chief electrical inspector or upon the written request of two members of the board to the chairman or the chief electrical inspector. The Council shall provide suitable space in which the board may hold its meet- ings, and all necessary equipment and facilities for holding examinations. 9.20.16. Quorum. A quorum shall consist of three members of the board. In proceedings relative to the suspension or revocation of licenses or certificates, at least three members must concur in such suspension or revocation. 9.20.17. Voting. All members of the board shall have one vote on any and all matters coming before the board, except that no member of the board shall vote on any questions in which he is engaged as a contractor, material dealer, designer or consultant, or in which he has any direct interest. The chief electrical inspector shall not vote on any question involving an appeal of his previous decision; and, in the event of a tie vote, said previous decision shall be affirmed. 9.20.18. General Rules. The chief electrical inspector shall keep a full and correct detailed record of the official proceedings of the board and preserve all documents, books, and papers relating to examinations for licenses and certificates and hearings of complaints and charges. 9.20.19. Legal Counsel. The board shall have the right to request legal counsel from the City Legal Department when such counsel is desired, or other legal counsel as required. 9.20.20. Violations --Penalties. It shall be unlawful for any person to install, alter, repair, maintain, improve or use any electrical equipment, or to perform any electrical work in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. 9.20.21. Electrical Board --Responsibility. It shall be the responsibility and duty of the board: (a) To prescribe rules and regulations for the conduct of examinations of applicants for licenses and certificates and to prepare the subject matter for examinations suitable to determine the qualifications of applicants for licenses and certificates herein prescribed. (b) To rule upon the qualifications of all applicants and certify qualified applicants, together with their respective examination ratings, within thirty days after the date upon which such examination is held, after which the chief electrical inspector shall cause such license or certificate to be issued. (c) To adopt a responsible method whereby the chief electrical inspector is authorized to conduct qualifying examinatinos for a home owners' permit as described in this Code. I -e - (d) To revoke or suspend any license or certificate herein prescribed for violations of this Code, but only after the person charged therewith has been given notice and an opportunity to be heard in his own defense as provided herein. Said hearing shall be held at the earliest convenience of all parties concerned, but in any case, shall be within five days, excluding Saturdays, Sundays, and holidays, after written notice has been served on the person charged with the violation. The board shall hear all interested parties who have pertinent written or oral evidence or information to present for consideration. Suspensions shall be for any period, up to six months, and during the period of such suspensions, the license or certi- ficate of the offender shall be void, and said offender shall not perform any work for which a license or certificate is required. After the termination of such period of suspension, such license or certificate shall be re -activated by the chief electrical inspector, provided that renewal fees which have become due thereon, as herein set out, have been paid. Division 4. Licenses and Certificates 9.20.22. License Applications, Licenses and Renewals. Any person desiring to take examinations for any of the licenses or certificates required by this Code, shall make application therefor to the chief electrical inspector on blanks furnished by him and each application shall be accompanied by a receipt from the City for the examination fee, as set out hereafter, which fee shall be paid for each examination, or re-examination. ® The examination shall be practical, written or oral, or a combination thereof, and shall be of such a nature as to test the capabilities of all applicants for the same type of license uniformally. The applicant shall clearly demonstrate to the board his qualifications for the particular license and show satisfactory knowledge of the methods and standards for doing electrical work under the Electrical Code of the City of Iowa City, Iowa. If an applicant fails to pass an examination, he may reapply for re-examination after the expiration of six months and upon payment of another examination fee. 9.20.23. License Fees. The fees for examinations and licenses as shown in the following table are hereby authorized and required: Examination Annual Fee Fee MASTER ELECTRICIAN LICENSE $75.00 $10.00 JOURNEYMAN LICENSE $15.00 $ 5.00 MAINTENANCE ELECTRICIAN'S LICENSE $15.00 $ 5.00 RESTRICTED ELECTRICIAN'S LICENSE $15.00 $ 5.00 ® 9.20.24. License Expiration and Renewal. All licenses shall expire on January 1st of each year. Any license that has so expired may be renewed within sixty days after the expiration date upon payment of the renewal fee plus ten dollars. Upon the expiration of the aforementioned sixty day period, no license or certificate shall be renewed except upon recommen- dation of the board and payment of the renewal fee plus ten dollars. 9.20.25. Required License with the City. No person shall engage in the activity, or represent himself to the public as engaging in the activity of installing, altering, maintaining, or repairing any electrical equipment within the scope of this article unless such person shall have first obtained from the City a Master Eelctrician's License, except that the holders of current Master Electrician's licenses granted by the City prior to passage of this Code shall be reissued renewals of their licenses without taking the examinations herein provided. Such licenses shall be issued, however, without examination, in the case of any person holding a Master Electrician's license from another Iowa municipal corporation recognized by the board as having similar licensing standards, upon payment of the required license fee. Nothing contained in this section shall be deemed to exclude the performance of maintenance work by Master Electricians. Either a licensed master or a journeyman electrician shall be on the job at all times while electrical work is in progress. The provisions of this section shall not apply to: 1. The electrical work of a public utility company, telephone or telegraph company, nor the persons performing electrical work for such companies, where such electrical work is an integral part of the plant used by such public utility company or telephone or telegraph company in rendering its duly authorized service to the public. 2. A regular employee of any railroad who does electrical work only as a part of that employment. 3. The service or maintenance of warm air heating equipment by any person who is licensed as a warm air heating contractor, provided that such service or main- tenance shall only include electrical work on electrical equipment that is part of such warm air heating equipment. Such work shall include the connection of such warm air heating equipment to an existing individual branch circuit. 9.20.26. Issuance to Individuals only; Cessation of Membership in Firm. ® Whenever an electrical Master Electrician's license is issued, it shall be in the name of the person who has qualified for same. No license shall be issued in the name of a firm or corporation. All firms or corporations desiring to perform electrical work under the provi- sions of this ordinance shall place on file with the chief electrical inspector a statement registering the Master Electrician representative of the firm or corpora- tion. The statements shall be made on forms furnished by the chief electrical inspector prior to the issuance of any permits. In the event of a firm's or corporation's licensed members ceases to be a member of the firm or corporation, then such firm or corporation shall not be permitted to do any further electrical work, except that work under previously issued permits may, at the discretion of the electrical inspector, be continued and finished. A Master Electrician who terminates his association with a firm or corporation shall notify the chief electrical inspector of such termination. 9.20.27. Master Electrician's Insurance. Each Master Electrician or the firm or corporation employing a Master Electrician doing electrical work under this ordinance shall furnish the City "Electrical Inspec- tor" a copy of insurance stating the liability and completed products insurance in the amount of $100,000 and $300,000. The City of Iowa City, Iowa, shall be notified thirty (30) days in advance of the termination of the policy by the insured or insurer. ® 9.20.28. Journeyman License. Before a person can apply for a Journeyman's license, he must have a minimum of one year experience as an apprentice under a Master Electrician, in the general building area. 9.20.29. Maintenance Electrician's Certificate --Required. A maintenance electrician's certificate shall be required of any person who is a regular employee of a manufacturing or industrial establishment, who does electrical work for that establishment only, and who maintains and keeps in a state of repair the existing electrical, equipment within a building, or group of buildings. A maintenance electrician's certificate shall be issued to any person who shall satis- factorily pass the examination given by the board. Any person holding a maintenance electrician's certificate issued by the City prior to passage of this Code shall be reissued renewals of their certificates without taking the examination hereinafter provided. The installation of any new or additional electrical equipment of any kind by the holder of a maintenance electrician's certificate is hereby prohibited. 9.20.30 Division 5 Permits --Required. Permits and Inspections No person shall perform any electrical work nor install electrical equipment in or upon any building or property without first securing from the electrical inspec- tion division a permit therefore; nor shall any alteration or change be made in the wiring of any building, or in any electrical installation therein or thereon, either before or after inspection, nor shall any electric current be connected to any wires, or apparatus, without notifying the electrical inspector and securing a permit there- fore. A separate permit shall be obtained for each structure. 9.20.31. Issuance. After proper application on forms provided by the chief electrical inspector, permits shall be issued in the name of the person holding an active Master Electri- cian's license and the name of the firm, or corporation with whom said electrician is associated. A person holding a Master Electrician's license shall secure permits only for the firm or corporation named on the electrician's license. In the event a electrician becomes associated with a new firm or corporation, immediate notice must be given by filing the name of said firm or corporation with the chief electrical inspector. All applications for electrical permits shall be signed by an active licensed Master Electrician, or the homeowner doing his own work. ® 9.20.32. Non -Transferable --Permit Restrictions. Permits are not transferable. Electrical work performed under permits issued under the provisions of this article must be done by the Master Electrician securing such permit, his firm, or corporation. 9.20.33. Double Fee for Failure to Obtain Permit Before Starting Work. Except in emergency situations, as determined by the electrical inspector, where work for which an electrical permit is required by this Code is started or proceeded with by any person prior to obtaining a required permit, the regular fees as specified in the Code for such work shall be doubled. The payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein. No additional permits shall be issued to any person who owes the City the double fee described in this section. 9.20.34. Home Owner. In cases where an owner -occupant of a single family dwelling desires to install wiring or electrical equipment, or perform any electrical work in his single family structure, he may appear before the electrical inspector and show that he is compe- tent to do the specific work for which he desires an electrical permit, and after ® such showing, may obtain an electrical permit by paying the proper fee. For pur- poses of this section a single family structure shall mean a detached residence designed for or occupied by one family only. 9.20.35. Type "M" Permit, Restrictions and Record of Work Before any maintenance electrical work is performed by a maintenance electrician under the provisions of 9.20.38 of this Code, an electrical permit shall be obtained from the electrical inspection division by the person or persons owning or controlling the building or group of buildings in which such maintenance electrical work is to be performed. This shall be known as a type "M" permit and shall be valid for one year from the date of issuance. The name of the person or persons holding a maintenance electrician's certificate and performing work as provided in this section, shall be filed with the electrical inspection division of the Division of Code Enforcement and in the event a change is made, the new name shall be filed. Each maintenance electrician performing work under the permit required by this section shall keep an accurate record for the electrical inspector of all work performed in each building and shall, in the first days of January, April, July and October of each year, file a statement of the work performed during the preceding three months in such building which statement shall be made under oath. Any permit required by the provisions of this Code may be revoked by the chief electrical inspector upon the violation of any provision of this Code. Every permit issued under the provisions of this Code shall expire by limita- tion and become null and void, if the work authorized by such permit is not commended within sixty days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty days. Before such work can be recommenced a new permit shall be first obtained, and the fee therefore shall be one-half of the amount required for a new permit for such work, provided that such suspension or abandonment has not exceeded one year. 9.20.37. Fees; Fee Exemption. (a) There shall be paid to the Division of Code Enforcement for the issuance of each electrical permit the sum of the following unit fees: 1. One meter setting $3.00 Two meter settings 5.00 Each meter setting in excess of two .75 2. Outlets, switches, light fixture openings 1-30 3.50 31 & over each .10 ® 3. Electric range, water heater, furnaces, driers, air conditioners, electric signs, or outlets for them $2.00 each 4. Fluorescent per running ft. .03 5. Electric heat per kilowatt .50 6. Motors (exclusive of circuits) Less than k hp. --one through ten motors 0.25 each more than one . . . . . . . . . . . . . . . . . . 0.20 each 11 hp. to 1 hp. --one through ten motors. . . . . . . . . . 0.50 each more than ten . . . . . . . . . . . . . . . . . . 0.25 each 1 hp. to 6 hp. --one through ten motors. . . . . . . . . . 1.00 each more than ten . . . . . . . . . . . . . . . . . . 0.50 each 6 hp. or over --one through ten motors . . . . . . . . . . 1.50 each more than ten . . . . . . . . . . . . . . . . . . 0.75 each 7. Minimum fee for any permit $5.00 ® Master Electricians performing electrical work for political subdivisions of the State of Iowa, or the Federal government may obtain permits for such work without paying the fees described herein. In the event that an electrical permit is issued for a specific amount of work and, upon inspection, it is determined that more work was performed than was authorized on such permit, the permitee shall obtain another permit to include all such additional work and shall pay only the unit fees prescribed in paragraph (a) of this section, provided that no such permit shall be issued for less than five dollars. 9.20.38. Collection of Fees for Examinations, Licenses, Certificates and Permits; Refund of Permit Fees., All fees due the City of Iowa City for examinations, licenses, certificates and permits shall be collected in the Division of Code Enforcement and paid thereafter to the City Treasurer. If, within thirty days of the date of issuance, the holder of an electrical permit decides not to commence the work described in said permit, he may, upon application to the Division of Code Enforcement be refunded that portion of the permit fee which is in excess of five dollars. The refund of any fee of five dollars or less shall not be made. ® 9.20.39. inspections. It shall be the duty of the person doing electrical work, for which a permit is required, to notify the electrical inspector that said work is ready for inspec- tion. The electrical inspector shall, without undue delay, perform the required inspection and, if the work complies with the provisions of this Code, post an acceptance tag on or near the work approved. Said tag shall contain the date and results of such inspection. Work that has no tag attached shall be considered unapproved. No tag or tags shall be removed by any person other than an electrical inspector. When the electrical work is completed, the person doing the electrical work shall notify the electrical inspector that the work is ready for final inspection. 9.20.40. Covering or Concealing Work. No electrical work for which a permit is required shall be concealed in any manner from access or sight until such work has been inspected and approved by the electrical inspector. 9.20.41. Removal of Covering. The electrical inspector shall have the authority to remove or cause the removal of lath, plaster, boarding, or other obstruction which may prevent the proper inspec- tion of wires or electrical equipment. ® 9.20.42. Correcting Defective Work. When an electrical contractor is notified that defects exist in his electrical work, he shall make corrections promptly. Corrections shall be made within thirty days after notification, and if not so made, the electrical contractor shall not be issued any other permits until said defects are corrected, and approval given by the electrical inspector. 9.20.43. Annual Inspection --Notice of Defects, Failure to Remedy Defects. The electrical inspector is hereby empowered to make an annual inspection of all electrical wires and equipment in the City, and shall keep an accurate record of inspections and the condition of electrical equipment, and whenever it shall be ascertained by inspection, as provided in this section, that any electrical install- ation or part thereof in any building is so defective as to render the same dangerous to person or property, the electrical inspector shall at once cause notice to be given served upon the owner or person in charge, or the occupant of the same, to remedy the defects within a reasonable time, to be stated in such notice, and if defects are not remedied within the time fixed by such notice, the electrical inspector may cause the electric current to be disconnected from such building and the electric current shall not again be turned on until all defects or improper conditions have been removed, or repaired in conformance with the provisions of this Code. Division 6. Miscellaneous 0 9.20.44. Conformity with Standards. Conformity with the standards of the Underwriter's Laboratories Incorporated as approved by the United States of American Standards Institute shall be evidence of conformity with approved standards for electrical equipment. 9.20.45. Iowa City Amendments to National Electrical Code. A. In all wiring installations, special attention shall be paid to the mechanical installation of the work. The placement of raceways, cables and conduc- tors; the connecting, splicing, soldering, and taping of conductors, and the securing and attachment of fittings in a proper, neat and workmanlike man-er is mandatory. B. All bathroom fixtures, switch boxes and outlet boxes shall be properly grounded. All fixtures and receptacles in bathrooms shall be controlled by a wall switch or switches commonly located near the door. At least one receptacle shall be installed in each bathroom. All receptacles in bathrooms shall be out of reach of tub or shower. If a fixture is used with an outlet, the outlet will not be connected. C. Kitchen outlets. No point on a wall shall be more than four (4) feet from an outlet when measured horizontally along the floor or table top line. -11- ® D. Basement lighting fixtures. In all types of occupancies except industrial, one permanent lighting fixture shall be provided for each two hundred square feet of floor area. Stairway lighting shall not be included as lighting when figuring gross floor area of basements or cellars. E. Stairway lighting shall be located so that stair treads shall never be shadowed by persons using them. The light fixtures shall be located at the top and the bottom of the stairs and any dark area. F. Electrically powered heating units, such as oil burners, gas burners, stokers, or other electrically controlled heating units shall use an approved number of protective devices on the electric supply and control lines to limit the action of the equipment when hazardous te:iaperatures or conditions arise. New work and old work shall be supplied by a separate circuit, with a properly fused switch at the heating unit. All heating units to be properly grounded. All wiring on the heating units shall be in electrical metallic rigid, emt or greenfield raceway. G. Exit lights. The exits from any room or building, public or private, used for public gathering whether for worship, lodge activity, retail store, or entertainment, shall have all exits properly lighted and designated by an electri- cally illuminated exit sign. All stairways in public buildings, nursing homes, apartments, retail stores, and hotels shall be properly lighted and designated by an electrically illuminated sign. Circuit for exit lighting shall be installed in raceway "separate from any other raceway" or circuit of the building. Such ® circuits shall be connected ahead of main disconnect and controlled independently. H. when it is found that tampering or overloading of circuits is evident, it will be mandatory that all circuits be fused by a non-tamperable fuse or device. I. All wiring for electric light or power hereafter installed in churches, schools, theaters, hotels, lodges, multi -family dwellings, nursing homes, fraterni- ties, sororities, retail stores and any building classified as commercial or indus- trial and places used for public gatherings, warehouses, store buildings, factory buildings and their basements shall be in rigid or electric metallic tubing. J. If any of the above occupancies also have a dwelling unit or rooming unit, this protion of the building shall also be wired in conduit. K. Tandem type circuit breakers shall not be used in new installations. Mini breakers are prohibited. L. The minimum height of the service entrance head shall be twelve (12) feet above the ground or grade line. M. No service drop shall parallel or be located so as to prevent raising a ladder to the window. N. Services on ranch type buildings where service entrance goes through the roof must be not less than two inches (2) rigid steel and extended above the roof not less than thirty-six inches (36) complete with service head and thirty-six inches (36) of wire extending from service head. Pipe to be secured on the wall with two hole straps or the equivalent and weather proofed where it extends through the roof. O. All service entrances in the central business district shall be rigid conduit. No service entrance shall be run through electric tubing in concealed walls or partitions unless protected by.at least two inches of masonry construction. P. "For installations in residential occupancies", the main service entrance shall not be smaller than one hundred ampere. Individual homes with over 2,500 square feet of floor space, including the basement but excluding the garage, shall be served with not less than 200 ampere three pole solid neutral entrace switch or equivalent, using dead front equipment. Q. The minimum service in a two-family duplex shall be of 200 ampere capacity or may be run as two 100 ampere services. R. Power services. Three phase services shall be classified as power services and may be used to supply power -appliances and 'shall comply with all provisions of other types of services and shall not be less than 60 ampere capacity. All metallic equipment used in conjunction with such services shall be effectively grounded. -12- • ® 5. All service entrance locations in the central business district shall be approved by the Electrical Inspector before installation. T. Each building shall be served with a single set of service entrance conductors. The service conductors shall be properly protected through a single main disconnect. U. The main switch shall be mounted in a readily accessible location as near as possible to the point where the conductors enter and not more than six feet inside the building. V. All circuits shall be continuous by means other than attachment to the wiring devices. W. Receptacle outlets. In all dwellings, there shall be not less than one (1) twenty ampere three wire circuit (220 volts) grounding type supplying receptacle outlets in the kitchen, dining room or kitchen dinette. Refrigerator receptacles shall be on a separate circuit. Permanently installed dishwasher shall be supplied by a separate 20 ampere circuit. X. All exposed wiring installed in dwellings shall be in metal raceway. Y. Flexible conduit may be used where conduit must be fished into concealed places and where subject to vibrations. A maximum length of flexible metal conduit of 72" may be exposed. When flexible metal conduit is used a grounding conductor ® of equal current carrying capacity to the largest current carrying conductor shall be installed. 9.20.46. Definitions. For purposes of this Code the following definitions shall apply: Dwelling, single family: A detached residence designed for or occupied by one family only. Dwelling, two family: A detached residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each. Dwelling, row: Any one of three or more attached dwelling units in a contin- uous row, that are separated from one another by an approved fire wall or walls having a fire resistive rating of at least one hour. Dwelling Unit: One or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating. Family: An individual or two or more persons related by blood or marriage, or a group of not more than five persons who need not be related by blood or marriage, living together in a dwelling unit. Structure: Is that which is built or constructed, an edifice or building ® of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Type M: Is in reference to annual maintenance permits and maintenance electrical licensed personnel. 9.20.47. Temporary Electrical Work. Temporary electrical work shall generally be construed to mean that work which is obviously installed for the convenience of a contractor or builder during construc- tion. Such work shall be the complete responsibility of the person who installs it and shall require the inspector's approval prior to being used, provided that the inspector may require corrections in such writing to eliminate any hazardous or unsafe conditions. A permit is required and fee to be paid is $5.00 unless total permit for rest of the job in question is submitted in total and the permit then is $2.00. 9.20.48. Metal Conduit Work. All electrical equipment in or upon buildings within the City shall be of the class known as rigid metal conduit or electrical metallic tubing work, except where concealed in single family structures or two-family structures, including their ® garages, and except in locations subject to corrosive action on metal, in which case the standards set forth in the National Electrical Code shall apply; provided however, that all wiring that is located below grade (as defined in the Building Code) shall be of a type approved for installation in wet locations. Basements and cellars (as defined in the Building Code) shall be of a type approved for install- ation in wet locations. Basements and cellars (as defined in the Building Code) that are capable of being drained to floor level through a doorway opening onto a properly sloped exterior grade shall not be considered to be located below grade for the purposes of this section. 9.20.49. and Circuits - n from s All service entrances in and upon buildings within the City shall be of the class known as "rigid metal conduit or electrical metallic tubing", except as herein provided. Underground service entrances for all buildings except in single family, or two-family, structures shall be of moisture resistant wire installed in rigid metal conduit or approved non-metallic raceway enclosed in concrete. Underground service entrances for single family structures or two-family struc- tures, including their garages may be of the approved type U.S.E. direct -burial cable installed thirty inches below grade and properly protected from mechanical injury at the point of overhead attachment and termination. Other provisions of this section to the contrary notwithstanding, that portion ® of an underground service lateral that is installed by an electrical contractor, but is owned and maintained by a corporation licensed by law to engage in the business Of supplying and distributing electricity, may be of a type used by a corporation for such an installation. Underground circuits under driveways and where.there is vehicle traffic shall be installed not less than thirty inches below grade. 9.20.50. Furnishing Current Prior to Approval of Wiring. No person or corporation generating current for electric light, heat or power in the City shall connect its system or furnish current for electrical purposes to any building or premises which has not been inspected and approved by the electrical inspector. Any person or corporation shall, upon written notice from -the electrical inspector to do so, immediately disconnect such building or premises from its source of current. 9.20.51. Existing Buildings. If an existing building is damaged by fire, or otherwise, or altered in a manner to require the replacement of 50% or more of the wiring equipment, the entire building shall be made to conform to the requirements of this Code for new buildings. If the type of occupancy of an existing building is partially or entirely changed, the electrical wiring shall be made to conform to the requirements of this Code for the new type of occupancy. SECTION III. 'REPEALER. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed, as is Chapter 9.20 of the Municipal Code of Iowa City, Iowa. SECTION IV. SAVINGS CLAUSE. In the event any section, provision or part of the National Electrical Code or of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid or unconstitutional, such adjudication shall not affect the validity of the Code or of the Ordinance, adopting same as a whole Part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, and publication as required by law. It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: , 1974. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF IOWA CITY BY AMENDING SECTION 9.20.1 AND TO ADOPT BY REFERENCE THE 1975 NATIONAL ELECTRICAL CODE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. PURPOSE. P13rooSP_1of thi a nrri i nanra i s t —�_ — -� �o e_ unicpai--C_ of Iowa Cit SECTION II 1975 Edition of the National Electrical Code,I fied by -this''Ordinance. ADOPTION OF ELECTRICAL CODE. Edition, National F hereinafter in this adopted in full except chapter. Section 9.20.2: with -the-provi.s The National Electrical Code, 1975 Protection Association, for electric wiring and apparatus National Electrical Code as referred to as National Electrical Code, is hereby the portions that are deleted, modified or amended by this on file in the Office of the City SECTION III. DELETIONS is deleted: RIF , all electrical work as defined ed. A copy of the and a certified copy of this Ordinance shall be for public inspection. The foklowing section of the National Electrical Code se'Residential Services. For 3 -wire single-phase resi- dential services, the allowable ampaci of Types RH, RHH, RHW, THW, and XHHW copper service -entrance conductors shall be Amp., No. 2-125 Amp.,, -No. 1-150 Amp., No. 1% and the allowable amp acity of Types RH, RHH, copper -clad aluminum service -entrance conduc for sizes No. 4-100 Amp., No. 3-110 -175 Amp., and No. 2/0-200 Amp., , TRW, and XHHW aluminum and shall be for sizes No. 2-100 Amp., No. 1-110 Amp., No. 1/0-125 Amp., No. 2/0-1 \ Amp., No. 3/0-175 Amp., and No. 4/0-200/'Amp. SECTION IV. RECITATION CLAUSE: �\ 1. Pursuant to notice published as provided by law, a\public hearing was held 1\ on the 1971 National Electrical Code as prepared by the National Fire Protection Association. 2. That the official copy of the Code as adopted, and a copy of the adopting Ordinance certified by the Clerk as to the Ordinance's adoption and effective date are on file in the Office of the Clerk. 3. That copies of the National Electrical Code and the adopting Ordinance setting forth the additions thereto are available for inspection and sale at the Office of the Clerk. 4. That copies of the National Electrical Code and the adopting Ordinance setting forth the additions thereto, will be furnished to the State Law Library, Ordinance No. • page 2 the Municipal Library, all newspapers of general circulation published in Iowa City, Iowa, and all commercial radio stations located in Iowa City, Iowa. SECTION V. REPEALER. The Municipal Code of Iowa City be and is hereby amended by repealing 9.20.22 and by adoption of the National Electrical Code, as modified. Any and all other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. PENALTY. Anyone who violates any of the provisions of this Ordinance shall be subject, upon conviction, to imprisonment not exceeding thirty (30) days or a fine not exceeding One Hundred ($100.00) Dollars. SECTION VII. SAVINGS CLAUSE. If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ATTEST: ty Clerk Brandt Czarnecki Davidsen deProsse White MAYOR Passed and approved this day of 1 19 1st Reading 2nd Reading 3rd Reading n ORDINANCE NO. 74-2748 AN ORDINANCE TO A14END THE MUNICIPAL CODE OF IOWA CITY BY MENDING SECTION 9.20.1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. Purpose of this Ordinance is to amend Section 9.20.1 of the Municipal Code of the City of Iowa City, Iowa, which incorporates by reference the 1975 edition of the National Electrical Code by deleting a section from said Electrical Code. SECTION II. DELETIONS. The following section of the National Electrical Code is deleted: Notes to Tables 310-16 through 310-19. 3. Three -Wire Single -Phase Residential Services. For 3 -wire single-phase resi- dential services, the allowable ampacity of Types RH, RHH, RHW, THw, and >MHW copper service -entrance conductors shall be for sizes No. 4-100 Amp., No. 3-110 Amp., No. 2-125 Amp., No. 1-150 Amp., No. 1/0-175 Amp., and No. 2/0-200 Amp., and the allowable ampacity of Types RH, RHH, RHW, THW, and XHHW aluminum and copper -clad aluminum service -entrance conductors shall be for sizes No. 2-100 Amp., No. 1-110 Amp., No. 1/0-125 Amp., No. 2/0-150 Amp., No. 3/0-175 Amp., and No. 4/0-200 Amp. SECTION III. SAVINGS CLAUSE. If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final Passage, approval and publication as required by law. It was moved by deProsse and seconded by David Sen that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt _X_ Czarnecki v Davidsen X deProsse X White ATTEST: Passed and approved this 1 0th day of 1st Reading 12/10/74 T.O. 2nd Reading %%4­7:�-- 3rd Reading . December 19 74 WILL J. HAYEK - JOHN W. HAYEK C. PETER HAYEK The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Proposed Ordinance Repealing Intoxication Section of City Code Mayor and Council Members: At your last meeting, you requested a report from me on an ordinance proposed by Councilperson Patrick White repealing the intoxication section of the City Code. This letter to you is my report on that matter. The proposed ordinance repeals subsections a, c, and d of Section 7. 12. 3 of the City Code of Iowa City. The net effect of the ordinance is to repeal the prohibition in the City Code about being intoxicated in a public place or consuming alcoholic beverages on a street or public place. Unaffected, however, by the proposed ordinance is the prohibition of the possession or consumption of alcoholic beverages on park property. That prohibition is unaffected by the proposed repealer. The question of whether or not the proposed ordinance should be adopted by the Council is a policy question which I will not attempt to answer. However, I would point out to Council that the State of Iowa has recently adopted a new statute concerning the problem of alcoholism and intoxicated persons. The new statute adopted by the 65th General Assembly, Senate File 1354, provides for an extensive treatment program for persons with alcohol problems. The first section of the act is instructive as to its purpose and reads as follows: It is the policy of this state that alcoholics and intoxicated persons be directed into and afforded the opportunity to receive treatment which will help them lead normal lives as productive mem- bers of society, and that criminal prosecution ■ Honorable Mayor and - City Council of Iowa City - 2 - December 10 1974 h for o the consumption of alcoholic p beverages be kept at a minimum and that treatment for the protection of intoxicated and other persons be emphasized and increased. Further, the new act provides a new approach to handling of intoxicated persons. Section 17 of the new act provides in part as follows: An intoxicated person may come voluntarily to a facility for emergency treatment. A person who appears to be intoxicated or incapacitated by alcohol in a public place and in need of help may be taken to a facility by a peace officer or the alcoholism service unit. If the person refuses the proffered help, he maybe arrested and charged with intoxication. This new statute shows an intent, I believe, on the part of the legislature to follow new approaches with respect to the whole problem of alcoholics and intoxicated individuals. However, the law does not affect other laws governing personal conduct, such as disorderly conduct laws, disturbance of the peace laws, motor vehicle laws, and the like. Also you should note that "intoxication" remains a State offense, being prohibited by Section 123.46 of the 1973 Code of Iowa. However, before an individual may be arrested for intoxication, he must first be offered treatment at a treatment center according to our interpretation of the language quoted above from Section 17 of the act. Note, however, that the Attorney General's opinion on this point is contrary, See Opinion, Atty. Gen., No. 74-7-14. The proposed ordinance would not affect the provisions of the City Code dealing with personal conduct. See Chapter 7, 02 of the City Code. Thus whether or not the ordinance is adopted much of the conduct which is regulated through arrests for intoxication would still be subject to regulation. In addition, intoxication still is an offense under the State code as indicated above. This report is intended to point out some of the questions involved in connection with the intoxication repealer ordinance. However, if you have any further questions, please feel free to ask. Respectfully, submitted, Jo W. H ye JW H:vb A1�ORDINANCE AMENDING CHAPTER 7.12 °OF THE MUNICIPAL CODE OF IOWA. CITY, IOWA, SPECIFICALLY ABOLISHING THIVPROHIBITION OF BEING INTOXICATED, SIMULATING INTOXICATIO /OR CONSUMING ANY INTOXICATING LIQUOR UPON.A PUBLIC GROUNI�OR IN A PUBLIC PLACE \OR BEING FOUND IN A STATE OF INTOXICe1�ION OTHER THAN IN A PUBLIC PLACE WITHIN THE CORPORATION LYMITS OF THE CITY OF IOWA CITY, IOWA, BY REPEALING ORDINAN�CE NOS. 2150A and 2369 (7.12.3.A.., C., D.) BE IT ENACTED \BY THE. CITY COUNCIL OF Tf' CITY OF IOWA CITY, IOWA. i SECTION I. PURPOSE, The purpo: sections 7, 12. 3A. , C., \ \D. , of, the, Municipla Iowa. SECTION II. REPEALER. Sections of this Ordinance is to repeal Code of the City of Iowa City, C 7. 12, 3A. , C. , and D. , of the Code of Iowa City, Iowa, are hereby, repealed. SECTION III. EFFECTIV DATE. This Ordinance shall be in effect after its final passage, al It was moved by that th call there were:-,,. AYES: NAYS: 1 a a siF A1�ORDINANCE AMENDING CHAPTER 7.12 °OF THE MUNICIPAL CODE OF IOWA. CITY, IOWA, SPECIFICALLY ABOLISHING THIVPROHIBITION OF BEING INTOXICATED, SIMULATING INTOXICATIO /OR CONSUMING ANY INTOXICATING LIQUOR UPON.A PUBLIC GROUNI�OR IN A PUBLIC PLACE \OR BEING FOUND IN A STATE OF INTOXICe1�ION OTHER THAN IN A PUBLIC PLACE WITHIN THE CORPORATION LYMITS OF THE CITY OF IOWA CITY, IOWA, BY REPEALING ORDINAN�CE NOS. 2150A and 2369 (7.12.3.A.., C., D.) BE IT ENACTED \BY THE. CITY COUNCIL OF Tf' CITY OF IOWA CITY, IOWA. i SECTION I. PURPOSE, The purpo: sections 7, 12. 3A. , C., \ \D. , of, the, Municipla Iowa. SECTION II. REPEALER. Sections of this Ordinance is to repeal Code of the City of Iowa City, C 7. 12, 3A. , C. , and D. , of the Code of Iowa City, Iowa, are hereby, repealed. SECTION III. EFFECTIV DATE. This Ordinance shall be in effect after its final passage, al It was moved by that th call there were:-,,. AYES: NAYS: 1 ORDINANCE NO. A1�ORDINANCE AMENDING CHAPTER 7.12 °OF THE MUNICIPAL CODE OF IOWA. CITY, IOWA, SPECIFICALLY ABOLISHING THIVPROHIBITION OF BEING INTOXICATED, SIMULATING INTOXICATIO /OR CONSUMING ANY INTOXICATING LIQUOR UPON.A PUBLIC GROUNI�OR IN A PUBLIC PLACE \OR BEING FOUND IN A STATE OF INTOXICe1�ION OTHER THAN IN A PUBLIC PLACE WITHIN THE CORPORATION LYMITS OF THE CITY OF IOWA CITY, IOWA, BY REPEALING ORDINAN�CE NOS. 2150A and 2369 (7.12.3.A.., C., D.) BE IT ENACTED \BY THE. CITY COUNCIL OF Tf' CITY OF IOWA CITY, IOWA. i SECTION I. PURPOSE, The purpo: sections 7, 12. 3A. , C., \ \D. , of, the, Municipla Iowa. SECTION II. REPEALER. Sections of this Ordinance is to repeal Code of the City of Iowa City, C 7. 12, 3A. , C. , and D. , of the Code of Iowa City, Iowa, are hereby, repealed. SECTION III. EFFECTIV DATE. This Ordinance shall be in effect after its final passage, al It was moved by that th call there were:-,,. AYES: NAYS: val, and publication as required by law. Ordinance as ABSENT: and seconded by read be adopted, and upon roll Brandt \ Czarnecki Davi dsen deProsse White ATTEST: CITY CLERK 1 val, and publication as required by law. Ordinance as ABSENT: and seconded by read be adopted, and upon roll Brandt \ Czarnecki Davi dsen deProsse White ATTEST: CITY CLERK i 4 000 i= F _2 lst Reading 2nd Reading 3rd Reading Passed and approved this day of 19