HomeMy WebLinkAboutA002 - Email Correspondence Re: 2014 NEC Code Adoption reconsideration
Seana Perkins to: Jessica Spoden 11/04/2014 03:05 PM
Cc: Shawn Bayouth, Scott D Ripperger,Judy K Parks, Diane R Voss
Seana Perkins Jessica, Thank you foryoure-mail. We have discussed the options the
Jessica,
Thank you for your e-mail. We have discussed the options that you provided and will retain the existing
motion that was made at the Building Board of Appeals meeting last evening to adopt the 2014 NEC,
following the State of Iowa exceptions and with our local amendment. We will wait until the State of Iowa
formally adopts the 2014 NEC and will forward the exceptions to your office, so that you can have the
draft Ordinance amended to specifically include those exceptions. We will not go back to the Building
Board of Appeals, but rather work with the City Clerk's office to create a new timeline to go before the City
Council and to continue with our process after the State of Iowa formally adopts the 2014 NEC. A memo
to the board is not needed, as we are going to retain their existing motion. I will contact the Board to let
them know about the extension of the timeline from what I had described last evening.
Please feel free to return the 2014 NEC code book to my office at your convenience.
Best Regards,
Seana E. Perkins, AICP
Building Official
515.239.5153 main 1 515-239-5255 direct 1 515.239.5261 facsimile
sperkins@cityofames.orgI City Hall, 515 Clark Avenue I Ames, IA 50010
www.CitVofAmes.org ^ Caring People-Quality Programs- Exceptional Service"
Jessica Spoden Seana, During the Building Board of Appeals nis . 1./04/2014 0955:O-,'F
2014 NEC Code Adoption reconsideration
Jessica Spoden to: Seana Perkins, Shawn Bayouth 11/04/2014 09:55 AM
Cc: Judy K Parks
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Seana,
During the Building Board of Appeals meeting yesterday, I began to question the wording of the proposed
adoption and the suggested process. I did not voice these concerns as I needed to do some additional
research and speak with Judy regarding how we shall proceed with the adoption.
After doing some additional research, I realized that we cannot proceed with the adoption as proposed.
This is for two reasons: (1)the exceptions do not currently exist; therefore, we cannot adopt something
that does not exist; and (2)we must list out the exceptions because of the adoption process required by
Iowa Code.
This decision is based on the requirements listed in Iowa Code section 380.10, Adoption by reference.
This Code section requires that when a city adopts the provisions of"any statewide or nationally
recognized standard code or portions of any such code..."the City must"identify the code by subject
matter, source and date...Copies of the proposed code or portions of such code shall be available at the
office of the city clerk." The adoption of the 2014 NEC as referenced in the proposed ordinance is correct
in that it identifies the NEC by subject matter, source and date. However, the portion regarding that the
exceptions by the Iowa Electrical Examining Board is not identified by source and date. These exceptions
will be adopted and codified in the Iowa Administrative Code; however, there is no specific reference to
which chapter and section of the administrative code. Even if a reference is provided this would not
sufficiently satisfy IA Code 380.10, as has previously been decided with the Energy Code. Additionally, a
copy of the exceptions will not be available at the office of the city clerk, as required by the code.
Also allowed by IA Code 380.10 is that a "city may by ordinance adopt by reference any portion of the
Code of Iowa in effect at the time of the adoption in the manner provided in this section." Since the
exceptions will not be adopted until January, we cannot move froward with adopting the state's exceptions
to the 2014 NEC until after that time.
There are two options for proceeding: (1)Adopt the 2014 NEC in its entirety on the same timeline as
proposed. At a later date, adopt the state's exceptions. This later adoption may only require going to
council without requiring the Building Board of Appeals to meet; however, I would strongly suggest that
the exceptions are discussed prior to adoption. Or(2)wait to adopt the 2014 NEC with exceptions until
after the state has completed their process of adoption. I have confirmed my findings with Judy and she is
in agreement that we will need to proceed by one of these two options.
I will be preparing a memo for the Board to explain my findings. Before I do, let's meet so you can let me
know how you would like to proceed and we can discuss any questions that you may have.
PI 3
Jessica D. Spoden
Assistant City Attorney
515.239.5146 phone 1 515.239.5142 fax
jspoden@city.ames.ia.us I City Hall, 515 Clark Avenue I Ames, IA 50010
www.CityofAmes.org I -Caring People-Quality Programs- Exceptional Service
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